Paynter v. State

Carley, Judge.

Appellant was indicted for murder and convicted of voluntary manslaughter. In his instructions to the jury, the trial judge gave a charge both on murder and voluntary manslaughter. The appellant objected to the giving of an instruction on voluntary manslaughter on the ground that there was no evidence which would authorize such a charge. Appellant contended that, under the evidence adduced at trial, he was either guilty of murder or he was innocent of any offense. During its deliberations, the jury requested that certain portions of the charge be repeated and the trial judge…