Gross

Defendant has been convicted of manslaughter, and appeals to this court. It is now insisted that the evidence fails to justify the verdict. We pass the contention by saying that, after a careful examination of the record, we are entirely satisfied the verdict has full support in the evidence.

It is claimed that error was committed in the refusal of the court to give the following instruction:

There are many legal objections which may be urged to this instruction as a sound declaration of law. As a fair illustration of these objections, it may be said that the evidence fairly indicates that the defendant did not go into his saloon until the brothers had left the water barrel for their weapons.

The following question was asked and answered under objection:

“Q. I will ask you, Mr. Black, if you heard this defendant state while at Tuttletown or elsewhere that he Would wipe out the entire Gross family?” The witness answered: “He said he would wipe out the name and then shoot himself, and that would end the programme.” The question was entirely proper, and likewise the answer. The fact that the deceased had not been living in Tuttletown for several years is an element wholly…