
    Shaw v. The State.
    Argued November 19,
    Decided December 19, 1901.
    Indictment for murder. Before Judge Falligant. Chatham superior court. September 26, 1901.
    
      B. L. Golding, for plaintiff in error. J. M. Terrell, attorney-general, and W. W. Osborne, solicitor-general, contra.
   Fish, J.

1. Under the evidence appearing in the record, there was no error in charging the law embraced in the Penal Code, § 73.

2. Inasmuch, however, as the evidence was insufficient to support a conviction of any crime greater than voluntary manslaughter, and the accused was found guilty of murder, the court erred in not granting a new trial.

Judgment reversed.

All the Justices concurring, except Little, J., absent.  