Fisher v. State

Best, C.

The appellant was indicted for murder in the-second degree, was tried, convicted of manslaughter, and sentenced to imprisonment in the State’s prison for fourteen years. His motion for a new trial was overruled, and this ruling is assigned as error. The reasons embraced in the motion, and relied upon for a reversal of the judgment, are the following, viz.:

1st. The court erred in allowing Moses Witherspoon to-testify to certain “words spoken by Charles Givens to the-defendant,” and by its refusal afterward to strike them out.

2d. By giving, of its own motion, the fifth and seventh…