State v. . Beachum

The defendant’s principal assignment of error is predicated upon the refusal of the court below to charge the jury, as requested, that in no aspect of the testimony could the defendant be convicted of a higher offense than manslaughter. He contends that, while the verdict was manslaughter, the court’s submission of the question of second degree murder, under the circumstances, was prejudicial.

The evidence pertinent to the matters” involved in this appeal may be concisely stated as follows: The defendant and several companions were in an automobile being driven on a road leading to Godwin’s…