Jenkins v. State

Apr 14, 1922
No. 2992
Reporters:
, ,
Before:
Eish
Eish, C. J.

John Jenkins was convicted of murder for the unlawful and malicious killing of Pearl Butler by ‍​​​‌​​‌‌​‌​‌​​‌‌​‌​‌​​‌​‌‌‌​‌‌​‌​​​​​‌​​​‌​​​‌​‌‌​‌‌​​​​‌​‌​​​‌​‌‌​‌​​​‌​‌​​‌​‌‌​​‌‌‌​‌‌​​‌‌​​‌‌‍shooting him with a shotgun. The defendant’s motion for a new trial, which was overruled, was based upon the usual general grounds, that the verdict was contrary to law and the evidence, and without ‍​​​‌​​‌‌​‌​‌​​‌‌​‌​‌​​‌​‌‌‌​‌‌​‌​​​​​‌​​​‌​​​‌​‌‌​‌‌​​​​‌​‌​​​‌​‌‌​‌​​​‌​‌​​‌​‌‌​​‌‌‌​‌‌​​‌‌​​‌‌‍evidence to support it; and on one ground of amendment, complaining that the court erred in failing to instruct the jury as to the law of voluntary manslaughter. The State introduced a number of ‍​​​‌​​‌‌​‌​‌​​‌‌​‌​‌​​‌​‌‌‌​‌‌​‌​​​​​‌​​​‌​​​‌​‌‌​‌‌​​​​‌​‌​​​‌​‌‌​‌​​​‌​‌​​‌​‌‌​​‌‌‌​‌‌​​‌‌​​‌‌‍witnesses whose testimony, if credible, clearly showed that the accused assassinated the deceased. The accused submitted no testimony, but made a statement to the jury. There was nothing in the testimony that authorized an ‍​​​‌​​‌‌​‌​‌​​‌‌​‌​‌​​‌​‌‌‌​‌‌​‌​​​​​‌​​​‌​​​‌​‌‌​‌‌​​​​‌​‌​​​‌​‌‌​‌​​​‌​‌​​‌​‌‌​​‌‌‌​‌‌​​‌‌​​‌‌‍instruction on the law of voluntary manslaughter. And even if there was anything in the statement ‘which would have authorized a charge on that subject, no request was made therefor. The verdict was strongly ‍​​​‌​​‌‌​‌​‌​​‌‌​‌​‌​​‌​‌‌‌​‌‌​‌​​​​​‌​​​‌​​​‌​‌‌​‌‌​​​​‌​‌​​​‌​‌‌​‌​​​‌​‌​​‌​‌‌​​‌‌‌​‌‌​​‌‌​​‌‌‍supported by the evidence, and the. refusal of a new’ trial was not error.

Judgment affirmed.

All the Justiees concur.