People v. Binion

The defendant, David Binion, was indicted for murder in the death of Vivian Wade that occurred on September 2, 1969. Binion waived trial by jury and after trial was convicted of voluntary manslaughter by the court and sentenced to the penitentiary for a term of three to twelve years. On appeal Binion contends that there was not sufficient evidence to show that he committed the offense of voluntary manslaughter beyond a reasonable doubt and that the lower court improperly denied his petition for probation.

The trial court was presented with two different versions of what occurred on September…