State v. Spears

The opinion of the court was delivered by

McEnery, J.

The accused was indicted for murder and convicted of manslaughter. He appealed. -

The following bill was reserved by accused to the ruling of the trial judge:

*1525“Be it remembered that on the trial of this case, that it having been testified to, the accused and deceased had a quarrel at Wm. Stone’s, who stopped it.

“ That the deceased and the accused afterward, in going along the road, accused asked where Albert Hamilton, the deceased, was. He replied, ‘ Here I am.’ Accused said, ‘ Clear the track,’ and fired at deceased. That deceased got in some…