Cato v. State

The defendant, Tollie Cato, was indicted for the murder of Eddie B. O’Neal by shooting him with a rifle. He was convicted of voluntary manslaughter. His motion for a new trial, based upon the usual general grounds and one special ground was overruled and he excepted.

1. On the general grounds the defendant contends that the evidence authorized a verdict for murder or justifiable homicide and would not, as contended by the State, authorize a verdict for voluntary manslaughter. The defendant in his statement to the jury stated: “At the time I shot him . . I am going to give you the straight of…