Smith v. State

GOODWYN, Justice.

Questions Certified by the Court of Appeals

We have received the following communication from the Judges of the Court of Appeals certifying to us, under the provisions of Code 1940, Tit. 13, § 88, questions of law as to which said Judges differ, to wit:

“The Judges of this Court are in disagreement and unable to reach an unanimous conclusion as to certain controlling questions in the case of Smith v. State from Morgan Circuit Court, now pending in this court.

“The defendant was convicted of manslaughter in the first degree under an indictment charging murder in the *2first degree.…