10 So. 2d 552 | Miss. | 1942
Appellant was indicted for murder, and convicted and sentenced for manslaughter. He was the only eyewitness. According to his testimony the shooting was accidental. His version is reasonable and he is not substantially contradicted in material particulars by any other witness nor by physical facts or facts of common knowledge. On this record he was entitled to a directed verdict of acquittal (Weathersby v. State,
In case of retrial evidence of a prior difficulty between the parties, under the circumstances shown in this record, would be incompetent. Collier v. State,
Reversed and remanded.
