The reason is plain: An appeal of manslaughter lies, and murder includes manslaughter.
But he was acquitted.
The court told the jury: there was sufficient proof to find him guilty of manslaughter. Bendl. 172. Cosset's case.
Bassage's case, 1 N.C. 126, 1 Mart. 126 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 126, 1 Mart. 126
*Bassage’s case.
Pasch. 2 Car.
ONE Bassage was appealed by a woman, for the murder of her husband with a quart pot.
Goldsmith. If he is not found guilty of murder; the jury cannot find him guilty of manslaughter.
Jermyn, contra:
They may. Sir Christopher Blunt’s case. Bendl. 142.