Gardner v. State

HARWOOD, Presiding Judge.

This appellant was indicted for murder in the first degree. His jury trial resulted in a verdict of guilty of manslaughter in the second degree, .and judgment rendered accordingly.

Appellant’s motion for a new trial being overruled, appeal was perfected to this court.

The evidence presented tended to show that the appellant had been an employee for a number of years of the Skating Rink Supply Company, operated by Mr. James Smith.

Mr. Smith maintained sleeping quarters in the rear of the building which he and his wife occupied when working at night. On the occasion of…