State v. Embrey

KIKER, Justice.

In this case appellant was charged by the state with murder, and was convicted of involuntary manslaughter. The term used in the verdict is merely manslaughter, but an examination of the instructions shows that the subject of voluntary manslaughter was not included by the court in the charge to the jury.

After verdict, the defendant filed a motion to set aside the verdict and grant a new trial, alleging numerous grounds therefor. After considerable testimony was heard by the court, the motion was overruled and this appeal was taken.

It is unnecessary to notice some of the grounds…