79 Tenn. 31 | Tenn. | 1883
delivered the opinion of the court.
The prisoner was tried upon an indictment for murder in the first degree, and was convicted of the crime of involuntary manslaughter. , He has appealed in error.
The evidence in the bill of exceptions would have justified a conviction for a higher grade of homicide. Upon this ground, the prisoner’s counsel bases an argument for reversal. But a criminal person may be holden for any crime, of whatever nature, which can be legally carved out of the act. If the evidence
Another error assigned is in the exclusion by the-trial judge of the testimony of a particular witness, who stated that he met the person killed shortly before the difficulty with the defendant, and that he was then in a high state of excitement in regard to a fine imposed upon him that morning in the police court. But neither the interview, the excitement of deceased,, or the conversation of the witness was shown to have-any connection with the defendant, or his subsequent fatal rencounter with the deceased. The testimony was properly rejected.
It is next urged that the indictment against the-defendant is for killing John Bledsoe, whereas the evidence shows that the person killed was named John. The witnesses in the bill of exceptions are made to. speak of the person killed as either John or the de
In the first case in our reports on this point, the prisoner was indicted for the murder of William Trammel. On the trial, the witness spoke of the murdered man as Trammel or the deceased, without mentioning his Christian name. The court said of the objection made on account of the . variance: “ We think this objection entirely too technical, and insufficient in reason or law, as a ground upon which to disturb the verdict. * * * It does not appear that any question was made as to the given name of the deceased. * * The witnesses all referred to the deceased as Trammel, or the man that was slain, and for the murder of whom the defendant was on trial. The jury certainly had proof enough to find that the-man upon whom the murder was committed was named William”: Joyce v. State, 2 Swan, 667. In a subsequent case, the prisoner seems to have been indicted for murder “ of his wife, Agnes Stuart.” None of the witnesses-spoke of the person killed as Agnes Stuart, but as Mis. Stuart, or the prisoner’s wife. The omission or vari-
There is no error, and the. judgment must be' affirmed.