State v. Davis

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from a conviction of manslaughter.

Appellant was charged under G. S. 1935, 21-431 with assaulting one William Ferguson with a shotgun with intent to kill but instead was found guilty of assault with intent to commit manslaughter under G. S. 1935, 21-434. The latter offense being included within the former, the trial court instructed on it as well as on other lesser offenses.

Appellant does not contend the facts do not bring the case within that particular manslaughter section of our crimes act but argues the trial court erred…