State v. Lomax

The opinion of the court was delivered by

Harvey, C. J.:

Ry an information, duly filed in the district court of Crawford county, Warren Lomax was charged with killing Levi Logan by stabbing him with a butcher knife in the heat of passion and without design to effect death in violation of our statute G. S. 1949, 21-413, being one of the sections of our statute which defines manslaughter in the third degree. A trial by jury resulted in a verdict of guilty as charged. Defendant’s motion for a new trial was overruled and he was duly sentenced to a term in the penitentiary of not more than three…