State v. Mitchell

The opinion of the Court was delivered by

Poché, J.

Under an indictment for murder the defendants were tried separately, and this appeal is taken by John Dunn from a conviction of manslaughter.

It presents for review four bills of exception, which are all four predicated on certain facts recited in the first bill, which are as follows :

1. It appears from the bill that the homicide had been committed by Britton Mitchell, .the deed having been accomplished with a knife handed to him during the affray by the appellant, John Dunn.

At a game of cards, an altercation had occurred between the deceased,…