Tanner v. State

Bloodworth, • J.

Hpon his, first trial, the plaintiff in error was convicted of murder. He obtained a new trial because the judge failed to instruct the jury on the theory of manslaughter. Hpon his second trial the judge charged upon manslaughter, and a new trial is now asked and error is alleged because such a charge was given. This is the only special ground of the motion for a new trial. It is insisted that the evidence on the first trial showed *190that the deceased assaulted the defendant with a pair of brass knucks, that it was not then shown that brass knucks were weapons likely to produce…