Brawner v. State

Mobley, Justice.

In case No. 23183 in which a notice of appeal was filed the enumeration of errors was not timely, being filed 19 days after the case was docketed in this court. Hence, the appeal must be dismissed. We thus pass upon the case as presented by the bill of exceptions. This necessitates a consideration of the grounds of the motion for new trial.

Grounds 1 and 2 complain of the trial judge’s charges on voluntary and involuntary manslaughter. It is contended that such charges were not applicable to the facts of the case. It is well settled that: "where a person was on trial under an…