McMillan v. State

L. A. Smith, Sr., J.,

delivered the opinion of the court.

Appellant was convicted, in the Circuit Court of Attala County, of manslaughter on an indictment for murder of Mose Lewis, another negro. From that conviction and judgment he appeals, and assigns two errors: (1) Refus ing an instruction requested hy appellant, hereinafter set out; (2) refusing appellant’s motion for a directed verdict in his favor.

The verdict of the jury was reached on conflicting testimony. It would serve no useful purpose to set it out here, hut suffice it to say, in our judgment, appellant was fortunate the jury did…