Cosby v. State

CATES, Judge.

Conviction of voluntary manslaughter under a verdict setting punishment at five years in the penitentiary.

Under Code 1940, T. 13, § 66 (3rd sent.), we confine this opinion to a single point raised, arguably by ground 13 of Cosby’s motion for new trial.

The jury was absent. At the close of all the testimony the trial judge stated he was not going to cover the rules of self defense in his oral charge, citing Wood v. State, 128 Ala. 27, 29 So. 557, Naler v. State, 25 Ala.App. 486, 148 So. 880, and Gettings v. State, 32 Ala.App. 644, 29 So.2d 677. He added that there was evidence of…