McDowell v. State
McDowell v. State
Opinion of the Court
None of the rulings made in the headnotes require elaboration save that in the fourth and we shall discuss only that ruling here.
It might be noted here that in the case of McDowell v. State, supra, Mote McDowell was there jointly indicted with the defendant in the instant case and separately tried for murder, found guilty of voluntary manslaughter, and sentenced to from 18 to 20 years in the penitentiary, but that case is differentiated from the instant one in that Mote McDowell there made a detailed statement to the jury of what happened at the time of the homicide from which statement in connection with the evidence the jury was authorized to find a verdict of voluntary manslaughter while here the defendant, O. B. McDowell, in his statement to the jury merely said, “I am not guilty,” of the crime of which I am accused and there was no view of the evidence or the defendant’s statement under which a verdict of voluntary manslaughter could be rendered.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.