Ashby v. State

Judge Anderson and I dissent from the affirming opinion on the ground that the uncontradicted evidence in *142the case shows the appellant was guilty of no greater crime than manslaughter. The undisputed facts in the record show the appellant was being advanced upon by the deceased and another white man for the purpose of assault, and that the appellant backed away from them about fifty feet into the middle of the street. While so backing from them, and while they were advancing upon him, he repeatedly told them to stop. Page 14 of the record discloses the undisputed testimony in the following…