
    6572.
    Futch v. The State.
    Decided August 5, 1915.
    Indictment for murder — conviction of manslaughter; from Calhoun superior court — Judge Cox. April 12, 1915.
    
      Smith & Miller, E. B. Aslcew, C. J. Taylor, W. D. Sheffield,, for plaintiff in error.
    
      R. 0. Bell, solicitor-general, Claude Fayton, Hall Calhoun, F. A. Hooper, contra.
   Wade, J.

The evidence required either that the defendant be convicted of murder, or that he be acquitted on the ground that the killing was justifiable homicide. It was therefore error for the court to instruct the jury upon the law of voluntary manslaughter. Judgment reversed.  