Richardson v. State

Reid, Chief Justice.

1. “In all eases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion, and to exclude all idea of deliberation or malice, either express or implied.” Code, § 26-1007. The “other equivalent circumstances,” within the meaning of the Code, must be such as would produce on the part of the slayer the same state of mind as would an assault or an attempt to commit a serious personal…