Brundage v. State

The defendant was indicted for murder, and found guilty of manslaughter. His motion for a new trial was overruled, and he excepted.

The defendant contends that the evidence does not show that he “shot and hilled one Rowe with a pistol,” as charged in the indictment. The defendant himself, in his statement to the jury, said: “I shot him and he fell. I turned around and went back on the porch. . . I shot him on the 16th and he died on the 21st, that Friday.” The .evidence showed that the defendant shot Rowe with a pistol, and that Rowe immediately fell to the ground. A witness who was present at…