Tucker v. State

Olin Tucker was indicted and tried lor murder. The jury returned a verdict of voluntary manslaughter. The defendant moved for a new trial. The motion was denied and the defendant excepted, assigning error upon the general grounds, together with a special assignment that the court erred in charging the law of voluntary manslaughter, in that, while correct in principle, it was inapplicable and unauthorized under the facts, and extremely prejudicial in that it decidedly had the effect of causing the jury to reach a compromise verdict when the only proper verdict on the issue of murder was…