Nix v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of manslaughter, and given the minimum penalty. To the following portion of the charge an exception was reserved: “If you believe from the evidence that just prior to the killing deceased stepped back, and as he did so, put his right hand to his pocket and said to the defendant, ‘You will not move another bale of hay,’ or said, ‘You damned son of a bitch you will not move another bale- of hay/ and if you believe from the acts,- if any, of the deceased, or from his words, if any, coupled with his acts, there was created in the mind of the…