Newboles v. State

Appellant, charged with the crime of murder in the first degree for the killing of W. I. Davis, was by a trial jury convicted of voluntary manslaughter and his punishment fixed at imprisonment for two years in the penitentiary. He has appealed from judgment of the lower court imposing sentence in accordance with the verdict.

I

For reversal it is first insisted by appellant that the evidence was insufficient to show that appellant was guilty of any offense, and that appellant’s motion for an instructed verdict of ‘‘not guilty” should have been granted.

The killing took place at the “Brown Pig,” a…