McDonald v. State

Frank McDonald was tried under an indictment charging him with the offense of murder, and was convicted of voluntary manslaughter. The case is here on exceptions to the judgment overruling his motion for a new trial. As we feel compelled to grant a new trial for an error in the charge of the court, we will not discuss the character or weight of the evidence. It may be stated, however^ that the evidence of the guilt of the accused did not demand his conviction. We therefore the more readily set aside the verdict for the error of law which we will now consider.

1. The accused relied upon the…