State v. Merriweather

The opinion of the court was delivered by

Burch, J.:

Defendant was charged with murder in the first degree for the killing of William Francis, and was convicted of manslaughter in the first degree. Defendant appeals.

Defendant and his father raised watermelons for market. Somebody was stealing melons. On the night of August 28, 1931, melons were stolen, and melons not taken were cut up and destroyed. On the next night defendant stationed himself in a lane by a cornfield near the melon patch. He had with him a 12-gauge Winchester pump shotgun, containing six shells loaded with No. 6 shot. A…