State v. Jacobs

The opinion of the court was delivered by

Mr. Justice McIver.

Under an indictment for murder the defendant was convicted of manslaughter, and from the judgment entered on such verdict appeals upon the grounds hereinafter set out.

It seems from the testimony that the deceased, John Hughes, was the tenant of the defendant, and that on the day when the homicide was committed the defendant went to the house of the deceased for the purpose, as he claimed, of remonstrating with him about burning his rails. There was some conflict of testimony as to what passed between the parties at this first visit,…