Garrett v. State

CARR, Judge.

In the court below the appellant was tried on an indictment which charged murder in the first degree. This appeal follows a judgment of conviction for manslaughter in the first degree.

If the testimony of the State’s witnesses, and more particularly the dying declaration of the deceased, is to be accepted, the defendant inflicted a mortal knife wound in the abdomen of the dead person, and this without legal excuse or. justification.

The appellant’s testimony tended otherwise. According to her delineation of the facts, the deceased had her down on the floor and was making an effort…