Kirk v. State

From a conviction of manslaughter in the first degree, in the district court of Sequoyah county, the plaintiff in error, hereinafter called defendant, has appealed.

Briefly stated, the record discloses a state of facts about as follows: On the night of the 9th of March, 1923, in the little town of Marble City, the defendant, with a revolver, shot and killed Mack Dodson. It is the theory of the state that the defendant provoked the difficulty on account of the friendship of the deceased toward a young woman with whom defendant was keeping company. The defendant contends that the difficulty was…