Adams

The defendant was charged with murder and convicted of manslaughter. In support of his appeal, he assigns error upon various rulings of the court in the admission of testimony, and in the giving and refusing of instructions to the jury.

To a proper understanding of these exceptions a brief statement of the case is necessary.

The defendant at the date of the homicide was a constable. The deceased, John Collins, and one Clarke had been engaged in a quarrel and fight, in which Collins was worsted. Collins left the saloon where the fight occurred, went to his home, armed himself with a pistol, *233 and, returning to the saloon, approached Clarke from behind 'and fired one shot at him. The shot failed to take effect, owing to the interference of one Boyle, who struck the pistol aside at the moment of firing, and who immediately disarmed Collins.

The defendant testified that his attention was attracted by the noise in the saloon; that he saw Collins go to his house, and return to the saloon with his pistol, and that he heard the shot; that he took his own pistol and hurried to the saloon, under the impression that Collins had shot some one, and for the purpose of arresting him. In…