State v. Knoll

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted of manslaughter in the second degree under section 16 of the crimes act, which reads as follows:

“The killing of a human being without a design to effect death, in the heat of passion, but in a cruel and unusual manner, unless it be committed under such circumstances as to constitute excusable or justifiable homicide, shall be deemed manslaughter in the second degree.” (Gen. Stat. 1901, § 2001.)

In this appeal it is urged that the evidence wholly fails to sustain the verdict and judgment. The facts are few, simple,…