Threlkeld v. State

Newton Threlkeld was indicted for murder, and convicted. In Ms motion for new trial complaint is made that the court omitted to instruct the jury upon the law of voluntary manslaughter, although the evidence showed that offense to be involved. In his order approving the grounds of the motion, the judge certifies that: “During the progress of said ease, at the opening of the argument, the court requested counsel to define their positions as to the issues involved in said case. Whereupon counsel for the defendant and also counsel for the State stated iñ open court that the only issue was the…