Smith v. State

McG-owen, J.,

delivered the opinion of the court. '

Appellant was convicted of manslaughter in the' Circuit Court of Simpson County, and sentenced to serve a term of three years in the state penitentiary.

The evidence tended to show that Joe Drummond, the deceased, weighed about one hundred and seventy-five pounds, the defendant, about one hundred and thirty pounds, and the evidence ténded to show that the de ceased was a very strong man, that he could tahe the defendant by the ears and throw him over on the ground. At about three o’clock in the morning, appellant claims that he had fled from…