Burke v. State

Under all the evidence the theory of voluntary manslaughter was involved in this case; and the failure of the court to give in charge to the jury the law applicable thereto was error, even though there was no request that such charge be given.

No. 14660. OCTOBER 8, 1943.

Auston Burke was convicted of murder, and to the overruling of his motion for a new trial he excepted. He insists, in addition to the general grounds, that the court should have charged the law of voluntary manslaughter, his contention being that the evidence demanded such charge.

The State introduced testimony of several…