State v. Miller

POEEBNBARGER, JUDGE :

On an indictment for murder, the plaintiff in error was-, convicted of voluntary manslaughter, in the Criminal Court of Cabell County, and sentenced to imprisonment for a period of five years, ánd the circuit court refused to allow him a writ, of error. Then he obtained one from this court.

Assuming lack of evidence tending to prove self-defense,, the trial court refused instructions which would have advised the 'jury as to the right of such defense and the elements; thereof; and for the state, it is insisted here that he had waived it, by his assignment, as a reason for…