McDowell v. State

None of the rulings made in the headnotes require elaboration save that in the fourth and we shall discuss only that ruling here.

*494The evidence in the instant case would have authorized a verdict of murder, but it would not have authorized a verdict of voluntary manslaughter. The defendant’s statement to the jury, which in its entirety was: “Well, gentlemens of the grand jury, the case they have got me accused of I am not guilty,” if believed by the jury would have authorized an acquittal. There is no view of the evidence or the statement of the defendant to the jury und'er which a verdict of…