State v. Hoyer

This is an appeal from a conviction of murder in the first degree; and error is assigned be*161cause of instructions to the jury given and refused by the trial court, the refusal to grant a new trial, and the admission of evidence as to the details of the quarrels between appellant and deceased which preceded the homicide.

The first and principal contention is that the trial court, in his instructions, defined the voluntary killing of another upon sudden heat as murder in the second degree instead of manslaughter. We have so recently fully considered and passed upon this identical question in…