Neesmith v. State

Gardner, R J.

The evidence is sufficient to sustain the verdict.

Special ground 1 assigns error on the following excerpt from the charge of the court: “Manslaughter is the unlawful killing of a human creature without malice, either expressed or implied, and without any mixture of deliberation whatever which may be voluntary upon a sudden heat of passion, or involuntary in the commission of an unlawful act or lawful act without due caution and circumspection. In all cases of voluntary manslaughter there must be some actual assault upon the person killing, or an attempt by the person killed to…