Ellis v. State

Neill Bohlinger, Associate Justice.

A first degree murder information was filed against the appellant in the Saline Circuit Conrt on October 17, 1960. In that information appellant was charged with the murder of Pedro Rabb, alias Smiley Brown.

Upon a trial in the Saline Circuit Court, a jury found the appellant guilty of manslaughter and fixed his punishment by imprisonment in the State Penitentiary for seven years. To reverse this finding and judgment the appellant has appealed and for reversal relies upon the following points:

“1. The trial court erred in giving State’s Instruction No. 9 over…