Cain v. State

The indictment jointly charges Math Cain and his two sons, Elbert Cain and J. C. Cain, with murdering L. J. Henry “by striking and beating the said Henry with' a certain blunt instrument .to the grand jurors unknown.” Math Cain was tried separately and found guilty of voluntary manslaughter. The exception here is to the judgment overruling the motion for a new trial, based upon the usual general grounds and several special grounds.

*334Mrs. L. J. Henry testified that her husband had constructed a small terrace to keep water from running into his field, and that said terrace “ran out to the road…