State v. Way

The defendant has appealed from a conviction of manslaughter under an indictment charging him with murder in the first degree, wherein it is alleged that he killed one Timothy T. Murphy. In substance, the record shows that the defendant and decedent were owners in common of a band of sheep which they divided between themselves; afterward a dispute arose between them as to the ownership of a black sheep in the band in possession of Murphy, both claiming it. There were no eyewitnesses to the combat except the participants. It is admitted that the defendant was armed with a Luger pistol.

For the…