Cobb v. State

The plaintiff in error was indicted for murder, and convicted of involuntary manslaughter in the commission of 'a lawful act without due caution and circumspection. Upon the trial he did not deny the killing, but his statement would have authorized the conclusion that the homicide was a pure accident. There was also some evidence supporting his theory of the case; and, of course, if this testimony and his statement to the jury had been credited by them, an acquittal should have resulted. There is also evidence in the record which fully supports the theory that the death resulted from the…