Byrd v. State

The appellant was indicted for murder in the first degree, was tried, convicted of voluntary manslaughter, and sentenced to imprisonment at hard labor for seven years in the state penitentiary. He filed his motion for a new trial, which was overruled, to which he excepted, and appealed to this court.

As the judgment must be reversed for an error in instructing the jury, we wall not discuss the testimony in the case further than to say that the following testimony offered by the state was excluded erroneously, as we think. It occurs in the testimony of A. P. Walker, and is as follows: “Wm. J.…