Jordan v. State

Jordan was tried in Eranklin superior court upon an indictment charging him with the murder of Starr, and was found guilty of involuntary manslaughter in the commission of an unlawful act. He moved for a new trial, his motion was overruled, and he excepted.

1. Under the evidence in the record before us, we think it was erroneous for the trial judge to give in charge to the jury the law embodied in the Penal Code, § 73. It appears that when the accused and the deceased met, on the occasion of the killing, the deceased called the accused aside, and that a short conversation between the two…