Gamble v. State

Gamble was indicted for murder, and was convicted of voluntary manslaughter. He moved for a new trial and his motion was overruled and he excepted on the ground that the evidence did not authorize a verdict of voluntary manslaughter.

The evidence for the State made out a case of murder, and the evidence for the defendant, if believed in its entirety, would have authorized the jury to acquit the defendant. The jury could believe that portion of the defendant’s statement which said hot words passed between the defendant and the deceased, when the deceased used some insulting language in the…