Dolan v. State

ROBERTS, Justice.

Appellant was found guilty of manslaughter and has appealed from the judgment of conviction.

At the trial, the appellant admitted that he shot and killed the deceased but testified that the shooting was accidental in the course of a struggle with the deceased over possession of the gun. His testimony in this respect was corroborated by his wife, Adelaide, the only eyewitness to the encounter. His contention on this appeal is that, in the face of such uncon-tradicted evidence, a conviction of manslaughter cannot be sustained. We do not agree.

The fatal altercation occurred late…