State v. Cullens

This is an appeal from a conviction of manslaughter on a charge of murder. The homicide occurred on February 2, 1929, and the prosecution is therefore governed by the provisions of the new Criminal Code. There are ten bills of exception in the record, which are numbered from 1 to 10, inclusive. Bills Nos. 1, 5, and 10 are not argued nor insisted upon by appellant, so that it is not necessary for us to notice them. The remaining bills will be discussed in the order in which they appear in the transcript.

Bill No. 2. At the inception of the trial held on April 15, 1929, defendant filed a motion,…