Sullivan v. State

This is an appeal from a judgment in which the appellant was found guilty by a jury of voluntary manslaughter pursuant to Acts 1941, ch. 148, §2, p. 447, being § 10-8405, Burns’ 1956 Replacement. Among the alleged errors properly assigned and presented are the following: (1) that the court erred in giving of its own motion Instruction No. 28 over the objection of the defendant-appellant; and (2) in refusing to give Instruction No. 16 tendered by the defendant-appellant. These instructions concern lesser offenses included in that of voluntary manslaughter as charged.

Instruction No. 28, and the…