Austin v. State

The accused was convicted of murder. The evidence introduced in behalf of the State authorized a finding that the accused deliberately killed the deceased by shooting her with a gun. The evidence for the defense, taken most strongly against the accused, would not have authorized a finding that he was guilty of a higher grade of homicide than involuntary manslaughter in the commission of a “ a lawful act without due caution and circumspection,” and rather tended to show that the killing was accidental. The theory of the defense was that the *749killing was accidental. From tbe statement of the…