State v. Conda

By the WHOLE COURT.

ROGERS, J.

Defendant was indicted for the murder of one Jim Thornton. He was tried, found guilty of manslaughter, and duly sentenced. He prosecutes this appeal, relying upon four bills of exception.

As, in our opinion, the case is disposed of by one of these bills, it is unnecessary for us to consider the others.

The record shows that during a difficulty which arose between defendant and one Rube Newton, and while they were firing at each other with pistols, Thornton, a bystander, was killed.

The trial judge, at the request of the state’s attorney, charged the jury that where…