Abner v. State

This is an appeal from a murder conviction and a life sentence. The appellant fatally wounded his wife with a shotgun after a quarrel; he defended on the theory of *923accident; but the jury found against him. There is no question as to the sufficiency of the evidence to sustain the conviction, and the only issues on appeal involve instructions to the jury.

Appellant argues that the evidence required a charge, though not requested, on the issue of involuntary manslaughter in the commission of an unlawful act other than a felony. The appellant defended solely on the theory of accident, and having…