People v. Shears

The defendant was tried on a charge of murder, and convicted of manslaughter. He appeals from the judgment and from an order denying him a new trial. A brief summary of the facts of the homicide will facilitate the discussion of such of the numerous assignments of error as require special notice.

The defendant and one McGaw had gone to the place of the killing for the purpose of getting a load of hay, and had with them, on their wagon, .a loaded rifle. While the defendant was engaged in greasing his wagon, he was approached by the deceased, who accused him of having circulated reports…