Cribb v. State

1. The court did not err in charging the principle of voluntary manslaughter as applied to homicide under a passion supposed to be irresistible, as contained in the Code, § 26-1007, nor in charging mutual combat. The evidence certainly raised a doubt as to whether or not these principles were applicable, and in such case it is the duty of the court to give them in charge to the jury.

2. Where, as here, in a trial for murder a verdict for voluntary manslaughter is returned, such verdict is tantamount to an acquittal of the charge of murder. The doctrine of reasonable fears applies to…