Rutherford v. State

The prisoner was tried upon an indictment for murder in the first degree, and was convicted of the crime of involuntary manslaughter. , He has appealed in error.

The evidence in the bill of exceptions would have justified a conviction for a higher grade of homicide. Upon this ground, the prisoner’s counsel bases an argument for reversal. But a criminal person may be holden for any crime, of whatever nature, which can be legally carved out of the act. If the evidence *32show hint' to be guilty of a higher offense, or of a lower, or of one differing in nature, whether under a statute or at common…