State v. Cunningham

The opinion of the court was delivered by

Johnston, C. J.:

Lloyd Cunningham was charged with murder in the first degree and convicted of murder in the second degree. The only question presented on his appeal is an objection to the refusal of the court to define certain degrees of manslaughter and to instruct the jury in regard to the law relating to those grades of homicide. The defendant struck George Parker on the breast with a pocketknife and he died from the result of the cutting. It is contended that the assault was committed on the spur of the moment, in the heat of passion and without…