Barney v. State

The defendant was indicted for murder and convicted of voluntary manslaughter. His only complaint is, that the verdict is without evidence to support it, that under the testimony the killing was either a case of unmitigated murder or wholly justifiable, and that the judge erred in submitting the question of manslaughter to the jury at all. Where the defendant is charged with murder, and there is a compromise verdict of manslaughter, without any theory of the evidence supporting such a conviction, and the evidence does not demand a verdict of murder, a new trial should be granted; but a…