Zimmer v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of manslaughter, and given three years in the State Institution for the training of Juveniles.

There is no question raised in regard to the issues of murder, an acquittal having been had in both degrees, and in fact there is no evidence in the case which would indicate murder as we understand this record. The theory of the State’s testimony does not show an offense higher than manslaughter, while that of the appellant was one of defense of his brother. Appellant’s contention was that he shot the deceased when he was. in the act of striking his…