Cooper v. State

ON REHEARING.

January 10, 1923.

LATTIMORE, Judge.

Upon more mature consideration of the facts in this case we are of opinion that we were in error in holding correct the charge of the court on manslaughter. If there be error in a charge on manslaughter which might have led to a denial or abridgement of the right of self-defense, or which may have caused a conviction of a higher offense than the facts demanded, such error could hardly be held harmless, even though the conviction be of manslaughter with the lowest penalty.

In this case the court in his charge on manslaughter gave the following:

“The…