Durham v. State

Stolz, Judge.

The defendant appeals from his conviction and sentence for voluntary manslaughter. Held:

1. The evidence, although circumstantial, authorized the verdict, since it showed that the defendant and the decedent were alone engaging in a fight immediately before the decedent fell down, fatally stabbed in the heart with a knife.

2. The trial judge did not abuse his discretion in permitting the sheriff, who was also a state’s witness, to remain in the courtroom after the defendant moved to sequester him, based upon the statement by the district attorney that the sheriff is the chief…