Vintson v. State

Appellant was convicted of the offense of manslaughter in the first degree, and given a sentence to serve imprisonment in the penitentiary for a term of eight years.

This is the second appeal in the case. The decision and opinion in the first are found reported in 115 So. 695. As the testimony-on the second trial was not substantially different from that on the first, we adopt the statement of the circumstances, shown by the evidence, surrounding the killing, made by us in the opinion on the first appeal, supra.

“Acts or declarations, to be admissible under the principle of res gestEe, must he…