Farley

The defendant was accused by information of the crime of murder and found guilty of manslaughter. He appeals from the judgment and from an order denying his motion for a ne\v trial.

*595 It appears from the evidence in the record that a quarrel had occurred between the defendant and the deceased early in the morning, in which the deceased was very insulting and abusive and wholly in the wrong. This quarrel was renewed after some interval of time, apparently by the fault of the deceased, and a fight ensued, in which the defendant was worsted. The parties being separated by the bystanders, the deceased continued to threaten and abuse the defendant, who thereupon borrowed a pistol from an acquaintance. Within half an hour after borrowing the pistol he again encountered the deceased. The evidence is conflicting as to what then occurred. According to the evidence of the defendant himself, the deceased assailed him with a foul epithet and immediately attacked him with a pocket knife, which he had open in his hand. _ He sajrs that he warned deceased that he had a pistol; that the deceased grasped his pistol with his left hand and cut him with his knife; that he jerked the pistol away…