Bailey v. State

Appellant was convicted of the murder of James Bailey, Ms son, and sentenced to the state penitentiary for life by the jury. On this appeal he contends, (1) that, under the facts and the applicable law, he is not guilty of any crime and that his request for a peremptory instruction should have been granted, but, if not, (2) he could not be convicted of a greater crime than manslaughter, and (3) the trial court erred in granting to the State two instructions of which complaint is made.

In our opinion the first two contentions are not well taken and it was not error to grant one of the…