Adams v. State

Sydney Smith, O'. J.,

delivered the opinion of the court.

The appellant was tried on an indictment for murder, and convicted of manslaughter in accord with a manslaughter instruction granted the jury at the request of the state. Counsel for the appellant admit that the evidence would have justified a conviction of murder but say that no element of manslaughter appears therein, and, consequently, the instruction on manslaughter should not have been given, and for that reason the judgment of the court below should be reversed.

Reliance is placed by counsel for the appellant on the case of Rester…