Lowry v. State

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

delivered the opinion of the court.

Appellant and another were jointly indicted by the grand jury of Chickasaw County for the murder of-W. D. Grist. Appellant was granted a severance, tried and convicted of manslaughter, and sentenced to the penitentiary for a term of five years. From this conviction and judgment he appealed here, and has assigned two errors, viz., the court erred in granting a manslaughter charge for the State; and in refusing appellant an instruction requested by him.

The evidence introduced by the State was clearly sufficient to sustain a verdict of…