GILLESPIE, Chief Justice:
David William Clingon was indicted in the Circuit Court of Rankin County for the murder of Fred Leon Browning and convicted of manslaughter. He prosecutes this appeal, and the principal question raised is whether he was entitled to a peremptory instruction.
Defendant argues that he was entitled to a peremptory instruction under the rule announced in Weathersby v. State, 165 Miss. 207, 147 So. 481 (1933), which is as follows:
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