Abercrombie v. State

CARR, Judge.

This appeal follows a conviction of manslaughter in • the second degree. The' indictment charges murder in the first degree.

Admittedly, the appellant killed Charlie Slaughter by shooting him once with a twelve gauge shotgun.

It appears without conflict that the deceased was a brother of defendant’s wife. Just prior to the shooting, Slaughter had struck his sister a rather severe blow. This occurred out of the presence of the appellant, -but he was only a short distance away. This fact was promptly made known to him, and he forthwith secured the shotgu'n and came out into the road…