Anderson v. State

McMurray, Presiding Judge.

Defendant appeals his conviction for the offense of voluntary manslaughter in causing the death of another human being by stabbing him with a certain knife, a deadly weapon, while acting solely as the result of a sudden, violent and irresistible passion resulting from serious provocation sufficient to excite said passion in a reasonable person. Held:

1. Defendant’s main defense was that the homicide was justifiable. Defendant, his wife, and decedent had been drinking considerable intoxicants while in the defendant’s home. Defendant contends that he fell asleep and was…