McElwee v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Seminole county of the crime of manslaughter in the first degree, and his punishment fixed by the jury at imprisonment in the state penitentiary for 30 years.

The defendant contends first that the court erred in its instructions to' the jury.

The instructions complained of are lengthy, and it would serve no good purpose to set them out. It is suf ficient to say that they were the usual instructions given where the charge is murder.

The trial court instructed the jury on the law relative to murder,…