State v. Ball

*429The opinion of the court was delivered by

Dawson, J.:

Charles E. Ball shot and killed Adam Baker, and under a prosecution for murder Ball was convicted of manslaughter in the third degree. Ball appeals, assigning error in the rejection of evidence -and in the instructions.

The evidence for the state as shown by the plaintiff’s counter abstract, none of which is abstracted by the defendant, discloses that Ball had a family consisting of a wife and three children, who resided in Caldwell. One of these children was a daughter of 22 years; there was a son of 19 years, and the youngest, a lad of 13…