Davidson v. State

Alton Davidson was charged with murder, convicted of voluntary manslaughter, and sentenced to serve twenty years in prison. He appeals, and his sole enumeration of error is that the trial judge erred in failing to charge on involuntary manslaughter.

Davidson was sworn as a witness, and testified: "I had hold of the gun like this right here. I was holding when Leon jerked the gun through my hands right here' and it went off and killed him. I didn’t pull no trigger.” (T. 124). The transcript is replete with other evidence similar to that quoted above.

Where "there is any doubt as to the grade of…