Fausett v. State

This is an appeal from a conviction of involuntary manslaughter on an indictment which charged the appellant with murder in the first degree.

The appellant relies on two alleged errors; (1) that the trial court erred in overruling the appellant’s motion to instruct the jury to return a verdict finding the defendant not guilty; and (2) that the court erred in overruling the appellant’s motion for a new trial.

At the conclusion of the State’s evidence the appellant filed his motion for a peremptory instruction. After the motion was denied he proceeded to introduce evidence on his behalf. By the…