Staten v. State

This is an appeal from a conviction of voluntary manslaughter, with punishment fixed at confinement in the State penitentiary for not more than five years.

The evidence admitted does not sustain the conviction. The State insists though that if certain evidence which was excluded by the trial judge was admitted that then the conviction would necessarily have to be affirmed. Of course we cannot consider this evidence that was excluded below. It is true that the evidence is physically in the record but from a legal standpoint it is not before us. The State then asks that we “pass upon the…