State v. Mims

The defendant appeals from a judgment rendered against him upon conviction of the crime of manslaughter upon an indictment for murder, wherein it is alleged that he killed one J. Henry Miller. The facts will sufficiently appear as the opinion proceeds.

1. In the course of the trial the state called Ed Rush as a witness, who testified, among other things, that in the latter part of May or the first of June preceding he was in Miller’s saloon, that the deceased objected to Mims playing in his house, and that, as Mims was going out with some friends, he heard him say, “I will kill that son of…