State v. . Davis

This defendant was tried in the Superior Court of Rowan County, upon a bill of indictment charging him with murder. At the time the prisoner was brought to trial, the solicitor announced that he would not ask for a verdict of murder in the first degree, but for a verdict of murder in the second degree or manslaughter, as the evidence warrants. The defendant was convicted of manslaughter, and was sentenced to State’s Prison at Raleigh for a period of not less than five nor more than ten years, and appealed.

Out of several exceptions taken by the defendant during the course of the trial, the…