Treadway v. State

In a very voluminous opinion my brethren have affirmed the judgment in this case. I am of opinion they are wrong in more questions than one in their opinion of affirmance. I desire, however, to especially enter my non-concurrence in writing to all of that portion of the opinion which holds that the trial court did not err in failing and refusing to submit for the consideration of the jury, the issue of manslaughter. Dnder the law as has been heretofore announced in this State, that issue is clearly raised and demanded by the evidence found in the record now on file in this court. Counsel for…