Thompson v. State

Wade, O. J.

1. There is no merit in the general grounds of the motion for a new trial. The evidence of the only eye-witness authorized a verdict of manslaughter. It was for the jury to determine whether the accused was acting under the fears of a reasonable man at the time he fired the fatal shots, or under the influence of irresistible passion; and they had the right, in the light of the surrounding circumstances shown to exist by the testimony of the sole eye-witness, to discredit the conclusions of that witness and the defendant’s statement to the jury, *177in determining whether to the mind of…