Brawner v. State

(After stating the foregoing facts.) Special ground 1 of the amended motion for a new trial contends that the trial court erred in charging the jury on the law of voluntary manslaughter, it being contended that the homicide, as shown by the evidence, was either murder or justifiable, and that therefore the law of voluntary manslaughter was inapplicable to the case.

Three persons testified that they were eyewitnesses to the shooting. Two of these were witnesses for the defendant. Their testimony, coupled with the physical facts, point only to justifiable homicide. These physical facts include…