Ross v. State

Appellant was indicted in the circuit court of Washington County for the crime of murder in the second degree, and, as a punishment therefor, was adjudged ta serve a term of two years in the State penitentiary. An appeal has been duly prosecuted to this court from the judgment.

Appellant unintentionally killed Rube Phillips, an innocent bystander, when shooting at Toney Eden, with whom he was fighting.

Two assignments of error are urged for a reversal of the judgment; the first for excluding certain evidence, and the other for giving instructions numbered 7 and 11.

1. The evidence excluded had…