Summers v. State

My brethren have affirmed the judgment, to which at the time I noted my dissent. One of the exceptions to the charge in the motion for new trial is as follows: "The court erred in failing to charge the jury on the law of manslaughter and in not submitting to them that issue under the facts of the case." My brethren hold that this does not present the question, that the exception is too general, and, therefore, they were not required to pass upon that issue, but they hold, in effect, that issue was not in the case. I desire to say that the exception, in my judgment, is sufficient. I have given…