Witt v. State

Deen, Judge.

The jury was authorized to conclude from the contradictory evidence offered: that the victim, Lott, stepped on Witt’s foot and Witt remonstrated; that Witt then went over to a juke box where Lott was standing, Lott placed his hand in his pocket, Witt pulled it out and a knife fell on the floor; the men tussled and were pulled apart; Lott left the room and Witt followed, carrying a pistol which someone had handed him; outside Lott came toward Witt, who thought he had the knife, and Witt shot and killed him. Held:

1. "The theory of involuntary manslaughter was injected only by the…