Williams v. State

STAKELY, Justice.

The sole question presented to this court on petition for certiorari is whether under the evidence, as found by the Court of Appeals, the trial court should have charged on manslaughter in the sec ond degree. Involuntary manslaughter or manslaughter in the second _ degree “is where it plainly appears that neither death nor great bodily harm was 'intended, but death is accidentally caused by -some unlaw act, or an act strictly lawful in itself, but done in an unlawful manner, and without due caution.” Williams v. State, 83 Ala. 16, 3 So. 616, 617; § 320, Title 14, Code of 1940.