Hicks v. State

1. On a trial for manslaughter, malice not being an element of the offense, evidence of previous threats or declarations made by the accused against the deceased is not admissible. 30 C. J. 155; *150Com. v. Matthews, 89 Ky. 287, 12 S. W. 333(2), 334 (11 Ky. L. R. 505) ; State v. McGarrity 139 La. 430(4) (71 So. 730); State v. Lewis, 133 La. 1095(3) (63 So. 597).

Decided January 9, 1937. McClure, Hale & McClure, 8. P. Hale, for plaintiff in error.

2. In the instant case the defendant was convicted of involuntary manslaughter. The indictment charged that while engaged in the commission of an unlawful…