Daniel v. State

Daniel was indicted for the offense of murder. Having been convicted, he made a motion for a new trial, which was overruled, and he excepted. According to the evidence for the State, an unprovoked case of murder was made out. From the evidence offered in behalf of the accused it appeared, that a few minutes before the homicide an altercation had taken place between the accused and the deceased about some trifling matter, during the progress of which the latter had become greatly incensed; that at the time of the killing the accused made use of some opprobrious expressions, when suddenly the…