The defendant was tried upon 'an indictment charging the offense, of murder, and was convicted of voluntary manslaughter. He excepts to the judgment refusing a new trial.
1-3. The rulings in the first three headnotes are sufficiently full to obviate the necessity for elaboration.
4. Hpon the evidence adduced there was one and only one distinct issue, — that of guilty or not guilty of the offense of murder, as charged in the indictment. According to the testimony for the State, the deceased, for the purpose of inducing his wife to return to his home, had gone to a house where he suspected she was concealed, and where, according to her own testimony as it developed upon the. trial, she was concealed in a wardrobe, and the defendant killed him without provocation; the only motive actuating the defendant, 'as suggested by the State’s testimony, being perhaps a criminal intimacy between the defendant and the wife of the de
Judgment reversed.