McDonald v. State

TüRNBY, Ch. J.

Plaintiff in error was convicted of- involuntary manslaughter, and sentenced to four years in the penitentiary.

In his charge to the jury the Court said:

“In order to justify the defendant under his plea as before stated, there must be some words or overt act at the time clearly indicating a present purpose on the part of Price to take defendant’s life, or do him great or enormous bodily-harm,” and added:

“Did the act or demonstration of Price toward defendant clearly .indicate a purpose, at the time of the stroke, to take his life or do him great and enormous bodily injury?”

These…