Franklin

Defendant was accused by information of the crime of murder and the jury returned a verdict finding him guilty of manslaughter. From an order denying his motion for a new trial and from the judgment entered on said verdict he has appealed.

Appellant contends: (1) That the verdict is contrary to the evidence, (2) that there is no competent evidence to support the verdict, (3) that the court erred in refusing to give certain instructions and also in modifying certain others requested by defendant, and (4) that the district attorney was guilty of misconduct in several particulars, which prejudiced the jury and prevented defendant from having a fair and impartial trial.

The evidence shows that on the day in question the decedent, James R. Gentry, who had something over $200 in his possession when he entered defendant’s barber-shop, was shot by defendant between 2 and 3 o’clock in the afternoon of that day, in a room in the rear of the establishment. The only parties present at the time, and who were witnesses to whatever may have transpired immediately preceding the shooting, were the decedent, the defendant and one Cooper, a barber who worked in defendant’s shop. Henry Baker, a…