Wilkerson v. State

Special grounds 1 and 3 of the motion for new trial contend that the issue of voluntary manslaughter is not in the case. In this connection Code § 26-1007 provides as follows: “In all cases of voluntary manslaughter, there must be some actual assault upon the person killing, or an attempt by the person killed to commit a serious personal injury on the person killing, or other equivalent circumstances to justify the excitement of passion, and to exclude all idea of deliberation or malice, either express or implied. Provocation by words, threats, menaces, or contemptuous gestures shall in no…