Garner v. State

<p>t. Homicide <®=309(6) — Charge on provoking difficulty held appropriate.</p> <p>In a prosecution for murder, resulting in conviction of manslaughter, only the mitigating and justifying acts being in controversy, not the killing, the words and conduct of defendant immediately preceding the assault made by deceased which resulted in his death held to render appropriate a charge upon the law of provoking the difficulty. »</p> <p>2. Homicide <®=309(l) — Converse of state’s charge on provoking difficulty should have been submittéd.</p> <p>In a prosecution for murder, resulting in conviction of manslaughter, where the court charged submitting the issue of provoking the difficulty from the standpoint of the state, in connection therewith the converse of the charge on defendant’s request should have been fully submitted.</p> <p>3. Criminal law <®=»854(6)— Permitting juror to go home for an hour because of sickness in his family erroneous.</p> <p>Under Code Cr. Proc. 1911, arts. 699, 745, in a prosecution for murder," resulting in conviction of manslaughter, where, after ten jurors were selected, impaneled, and sworn, one of them was permitted by the court, without consent of defendant or his counsel, and without being accompanied by an officer, to go to his home, about a mile distant, where a member of his family was sick, and there remain away from the courthouse, separated from the other members of the jury, for about an hour, such action was error, necessitating reversal as ⅛ violation of the mandatory provisions of the statute.</p>