State v. Cline

Lively, PRESIDENT:

Defendant Rush Cline was tried at the April Term, 1924, of the Circuit Court of Mingo County, upon an indictment charging him with the murder of Corbet Mounts. The jury returned a verdict of second degree murder, and on May 2, 1924, be was sentenced to serve eight years in the penitentiary. This writ followed.

The errors relied upon for reversal are: (1) The court erred in refusing to set aside the verdict and grant a new trial, because the evidence does not justify a verdict of more than voluntary manslaughter; (2) The court erred in giving State’s instruction No. 1, so far…