Westbrook v. State

On an indictment for murder appellant was' convicted of manslaughter and sentenced to serve a term of seven years in the state penitentiary.

It is unnecessary to state the facts of the case; suffice it to say that the testimony of the state witnesses tended to: make out a case of murder, that of the appellant’s witnesses self-defense; an altercation having arisen on the premises of the appellant.

Neither the state nor the defense requested a man slaughter instruction. After the jury had retired to consider their verdict and had not reported for about eighteen hours, it was called into the…