Hixson v. State

Nichols, Chief Justice.

The defendant was tried and convicted for the offense of murder and sentenced to life imprisonment. His motion for new trial was overruled and he appeals.

1. The first enumeration of error contends the trial court erred in failing to charge on involuntary manslaughter. Under all the evidence in this case there was no evidence presented which would require a charge on either subsection (a) or (b) of Code Ann. § 26-1103. Had the victim not died from the stab wounds, the defendant could have been found guilty of aggravated assault, a felony, nor was there any evidence of a…