...manslaughter. In submitting the issue of manslaughter the court instructed the Jury: "Now if you believe from the evidence in this case, beyond a reasonable doubt, that the defendants Robert Jones and Charley Jones, acting with each other under such circumstances as to constitute them...

...offered the trial court should have instructed the jury, In substance, as follows: "If you shall believe from the evidence In this case beyond a reasonable doubt that the accused, Lewis White, did In Elliott county, Ky., at any time before the finding of the Indictment...

...Overthrow the Law. — The court further instructs the jury, as a matter of law. that if they believe from the evidence in this case, beyond a reasonable doubt, that the defendants, or any of them, conspired and agreed together, or with others, to overthrow the law by force, or to...

...manslaughter, or that the accused was justified or excused in committing the homicide, provided you find from the evidence in this case, beyond a reasonable doubt, that the defendant is guilty as charged. ' ' We are of the opinion that this instruction was a very appropriate...

...a sudden heat of passion, or involuntarily, but in the commission of some unlawful act. And if you find from the evidence in this case beyond a reasonable doubt that the defendant did unlawfully shoot Jim Wallis, but in a sudden heat or transport of passiort, and without...

...pursuance of the common design may be ascertained by the same class of evidence; and if the jury believe, from the evidence in this case, beyond a reasonable doubt, that the defendants, or any of them, conspired and agreed together, or with others, to overthrow the law by force, or destroy...

...because the jury failed to follow instructions which should not have been given. Instruction numbered 5 was as follows: "The court instructs the jury that if you find, from a preponderance of the evidence, that the plaintiff sustained the injuries alleged in the complaint,...

...over the objection of the defendant, in part, as follows : "The court instructs the jury that if they find from the evidence in this case, beyond a reasonable doubt, that the defendant, Roy Lismore, did in Ouachita County, Arkansas, and within one year before the filing of...

...confine yourselves to the cow, the head of which has been exhibited in evidence, but if you believe from- the evidence in this case, beyond a reasonable doubt, that the defendant, HE McLemore, did, in Union County, Arkansas, and within three years next preceding the return...

...of the State gave the following instruction : "i. The court instructs the jury that if you believe from the evidence in this case, beyond a reasonable doubt, that the defendant had sexual intercourse with the prosecuting witness, and at the time he had such intercourse...