Hampton

Defendant appeals from a judgment of conviction of the crime of manslaughter.

Briefly, it appears that as defendant was about to enter a certain pool-hall he “took off his hat, waved it around and let out a yell.” A man by the name of Moat, who was standing near the rear of the pool-hall and who remonstrated with defendant on account of his conduct, was struck by defendant on the mouth and nose. Defendant then walked toward a man named Wesley Blake, with whom he was on friendly terms and who was leaning against a counter about ten feet from the entrance to the pool-hall. Blake said to defendant, “Prank, you had no right to hit Moat.” After a few hot words had passed between them, possibly accompanied by a threatening attitude on the part of Blake, defendant knocked Blake down. The testimony was conflicting as to whether as Blake was rising, or after he had risen and had advanced toward defendant and had attempted to and did strike him, defendant again struck Blake. The blow received by Blake at that time knocked him backward out of the front door of the pool-hall, where he fell; his head struck the sidewalk, from the effect of which he became unconscious and died on the following…