Whitfield v. State

Holden, J.,

dissenting. 1. The defendant in his statement said he had a pistol in a case in his pocket, and that the deceased “grabbed the pistol, and when she grabbed it I grabbed hold of it,too this way. I grabbed the pistol, and time I whirled to throw her off from me I whirled it around in her back this way as I throwed her off and it fired right off. It fired off right along here somewhere.” ITe gave no other explanation of the cause of the discharge of the. pistol. The statement of the defendant authorized a charge upon the subject of involuntary man-daughter-in the commission of a…