State v. Spangler

The opinion of the court was delivered by

Doster, O. J. :

This is an appeal from a judgment of conviction of manslaughter. The appellant was a city marshal. One Gonske was creating a disturb*662anee in a restaurant by loud, profane and vulgar talk, and the marshal attempted to arrest and eject him. He resisted, and, as the evidence showed, made motions as though to draw a concealed weapon. The marshal testified that he believed he was about to draw the weapon, and that, in order to protect himself from a threatened and imminent deadly assault, he struck him on the head with a policeman’s club.…