Grays v. State

SAMFORD, Judge.

The contention in this case is that the verdict of the jury was excessive, and that, under the facts, it was the dúty of the court to have charged the jury that a conviction could only be had for manslaughter in the first degree.

The homicide was the result of altercation between the defendant and the deceased, in which the evidence discloses that the deceased was unarmed, and that only-one blow was struck which blow was by the defendant with a knife which penetrated the breast of the deceased, resulting in his death.

Assuming that the deceased used words which aroused the…