228 P. 283 | Wyo. | 1921
A petition for rehearing was filed herein by defendant on various grounds. The right for an oral argument having been asked, and the court desiring to be more fully advised, it was granted. After due consideration, we are still of the opinion that as to whether or not the defendant was guilty of manslaughter was, under the facts of this case, a question for the jury. We do not think that such holding is in any way inconsistent with the holding of this court in Palmer v. State, 9 Wyo. 40; 59 Pac. 793, 87 Am. St. Rep. 910; nor do we think, as argued, that by our holding every man who, in the night time, shoots an invading burglar subjects himself to being found guilty of, at least, manslaughter.
Nor have we found any good reason to reverse our holding that this court has the right to modify the judgment of the trial court. In addition to the cases cited in the original opinion sustaining our holding, we refer to State v. Ramirez, 34 Ida. 623, 203 Pac. 279; 29 A. L. R. 297; State
The petition for rehearing is denied.