People v. Fuller

I dissent, and would reverse the judgment and grant a new trial. The defendant was convicted of the crime of manslaughter in the first degree and sentenced to State prison for a term of not less than 10 nor more than 20 years. The indictment charged that on December 26, 1953, in the heat of passion and without justification, defendant struck one Elsie Johnson with an iron bar inflicting injuries that resulted in her death.

The conviction we review was returned on a third trial of the indictment. Two prior trials resulted in jury disagreements.* On the third trial, defendant *878did not testify in…