Penal Code, 1860–Sec. 302–Conviction–Proper Section–Incident took place in spur of the moment–It was a fall out of the altercation over the excavation of a mound by the brother of appellant–Deceased intervened in the course of the altercation and was fired at, resulting in a firearm injury leading to his death–Held, conviction is liable to be altered u/s. 304 Pt. I.
