Scott v. State

(dissenting) :

In order to put this case in its proper perspective, I will briefly reiterate the pertinent proceedings and testimony as adduced from the record and express my views on each of the assignments of error raised.

John Scott was charged by Information with the offense of Manslaughter in the First Degree. He was tried by a jury and found guilty of the included offense of Manslaughter in the Second Degree and his punishment fixed at imprisonment in the State Penitentiary for four years. From this judgment and sentence he appeals.

The facts adduced on the trial on behalf of the State…