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Harris (D) called Pittman a liar during an argument about a jug. Pittman then struck D twice with hard blows. D then shot the decedent in the thigh, in the stomach, and the shoulder, killing him. D contended that he was struck a third time with a stick over the head, causing him to fall down. D also contended that Pittman was trying to advance upon him in a goat-cart when he fired at Pittman's legs to prevent any further beating. D stated that he did not intend to kill and an involuntary manslaughter instruction should have been given to the jury; it was not. The jury found D guilty of voluntary manslaughter. D appealed.

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