Howell Edmunds Jackson

“ As presented in the record by the plaintiff in error, it is claimed that the court charged the jury that, 'if self-defense does not exist, the only other condition that can exist in the case is a state of murder.' This charge would have been clearly erroneous, but, by reference to the charge of the court itself, it appears that the assignment of error omits a material part of the charge. What the court really said was this: 'I give you the law of manslaughter, because it has been invoked in the case, and you are to see whether it exists ”

“ It is next insisted on behalf of the plaintiff in error that the court erred in refusing to give the following instruction, which was asked for the defendant:
' (1) Manslaughter is an unlawful and willful killing, but without malice, and is punishable by imprisonment not exceeding ten years, and fine not exceeding one thousand dollars. ”

“ It was his duty to submit to arrest at the hand of any officer or any citizen, and whoever engaged in criminal purpose to assist him in resisting that arrest had entered upon the execution of a wrongful act, of a character that, if the arrest was attempted to be executed, and resistance offered, it might result in death ”

“ App. 363.' The same proposition is stated in the following authorities: People v. Davis, 56 N. Y. 103; Indemnity Co. v. Gleason, 78 N. Y. 504; People v. McQuade, 110 N. Y. 307, 18 N. E. Rep. 156; also, Whart. Crim. Ev. ”