Ivey v. State

Eberhardt, Judge.

Appellant was tried on an indictment for murder and found guilty of voluntary manslaughter. It is contended that appellant, while acting in self-defense, did not intend to shoot and kill the deceased but only intended to use such force as necessary to prevent serious harm to himself and that the deceased was shot and killed by accident. Portions of the record relied upon as supporting this contention consist of testimony of a witness and appellant’s unsworn statement. The witness testified: “Q. You thought he had intended to hit him, not shoot him? A. I thought he had hit…