Walker v. State

The appellant was indicted and convicted in the circuit court of Lowndes county for the murder of S. A. Honeycutt. The jury in its verdict did not fix the punishment at life imprisonment, therefore the court sentenced the appellant to be hanged. From that judgment this appeal is prosecuted.

The- court refused an instruction requested by appellant, that under the evidence the jury could not find a verdict for a greater offense than manslaughter. We are of opinion that the refusal of that instruction was error. We reach that conclusion upon the following considerations :

The question turns…