Kell v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of McClain county of the crime of manslaughter in the first degree in the killing of Wilbur Hopkins, and his punishment fixed by the jury at imprisonment in the state penitentiary for seven years.

The alleged crime was committed on the 7th day of August, 1930. Judgment was pronounced on the 5th day of November, 1930, and the appeal filed in this court on the 24th day of April, 1931.

The evidence of the state was that the deceased was sitting in his home, in the evening, with his back to a window, reading a…