State v. Jones

The opinion of the court was delivered by

Schroeder, J.:

This is an action in which the defendant, Enoch Jones, was convicted of the crime of manslaughter in the third degree under G. S. 1949, 21-413.

*236The controlling question on appeal is whether the evidence is sufficient to sustain a finding by the jury that the defendant was in the heat of passion at the time he killed another person.

The defendant contends the evidence establishes that the killing was committed in self defense as a matter of law.

The material facts in this case are not in dispute. Enoch Jones (appellant), a colored man, was at…