Petty v. State

BROOM, Justice, for the Court:

Manslaughter conviction (upon an indictment charging her with the murder of her husband)' and a twenty year penitentiary sentence resulted from appellant’s (Petty’s) trial in the Circuit Court of Oktibbe-ha County. We affirm.

Appellant argues that: (1) State’s Instruction No. 3 was error; (2) the lower court should have applied the Weathersby Rule; and (3) the verdict was against the overwhelming weight of the evidence.

Testimony shows that between 7:00 and 8:00 o’clock p. m. on December 19, 1974, *414the appellant called Mr. Smith, her neighbor, to come to her house.…