
    Burton v. The State.
    On the trial of an indictment for murdfer, where both the evidence and the prisoner’s statement indicate that the shooting which produced the homicide may have been accidental, and that the fatal result may have been due to handling the pistol, not recklessly, but without the observance of proper caution and circumspection, the offence committed, if any, was not necessarily murder, but may have been involuntary manslaughter in the commission of a lawful act; consequently, the court erred in instructing the jury that they could render no verdict but one of guilty or not guilty. Pool v. The State, 87 Ga. 526.
    March 10, 1893.
    Indictment for murder. Before Judge Fish. Dooly superior court. September term, 1892.
    Busbee & Crum, for plaintiff in error. O. B. Hudson, solicitor-general, by Hudson & Blalock, contra.
    
   Judgment reversed.  