State v. Amburgey

Mr. Associate Justice Fishburne

delivered the majority Opinion of the Court.

On January 29, 1944, the defendant, J. N. Amburgey, shot and killed Robert Brown. The homicide was committed in a combination eating place and dance hall operated by the defendant on the Buncombe Road, about eighteen miles above the city of Greenville. Upon his trial for murder — the killing being undisputed — the issues were whether the defendant was guilty of murder or of manslaughter, or whether he killed in self defense. From conviction and sentence for manslaughter the defendant appeals, alleging error in the…