Wilmoth v. State

Plaintiff in error, B. M. Wilmoth, was tried in the court below upon an information for the murder of Henry Simpson, but the jury, by their verdict, found him guilty of manslaughter in the first degree, and assessed his punishment at imprisonment in the penitentiary for a term of four years and six months. He has appealed from the '"judgment rendered upon such conviction.

The following brief statement of the facts and the evidence will be sufficient to make clear the contentions made:

Henry Simpson, the deceased. 34 years old, a coal miner, at the time of his death was living at Henryetta with…