Kinsey v. State

1. Under the facts of this case the court did not err in failing to charge the jury on the law of involuntary manslaughter. The accused was charged with murder, the indictment alleging that he “did kill and murder by striking and cutting the said Charlie Clover with a certain heavy piece of timber and club and knife.” The evidence showed that the wounds from which the deceased died were made by a scantling which was three or four inches wide, about three inches thick, and four or five feet long, and by a knife. A witness swore that the defendant cut the deceased “with a knife on'the left side…