Daniel v. State

Warner, Chief Justice.

The defendant was indicted for the offense of murder, and on the trial therefor the jury returned a verdict of guilty, with a recommendation to the mercy of the court. A motion was made by the defendant for a new trial, on the several grounds therein set forth, which was overruled by the court and the defendant excepted.

It appears from the evidence in the record that the defendant went to a house where the deceased was, (not his own house) and asked him “ what lies he had been telling on him ;” deceased replied, “ go away, Josh, I don’t care if you never speak to me…