| Miss. | Nov 15, 1906

Whitfield, C. J.,

delivered tire opinion of the court.

The jury would have been well warranted in finding a verdict of manslaughter only in this case. Indeed, the evidence could not well -warrant any more serious finding, and yet there is not an instruction in the case ais to manslaughter. The case falls precisely within Johnson v. State, 75 Miss., 635 (23 South. Rep., 519).

Reversed and remanded.

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