Pratt v. State

Appellant was indicted for murder of Howard (alias Shorty) Armstrong; convicted of manslaughter and sentenced to the state penitentiary for fifteen years. Able counsel for appellant raises a number of questions on the appeal but we deem it necessary to discuss only two of them. One was the refusal of the trial court to instruct the jury to find him not guilty and the other the granting to the State of the instruction hereinafter set out.

The first question calls for a review of the testimony.

The killing occurred in the afternoon of February 22, 1948, in the municipality of Calhoun City near…