1. If a slave violently shove a white man so that he falls, or is in danger of falling, and he arises and immediately shoots the slave, it is manslaughter.
2. Under the act of 1791 (see 1 Rev. Code, ch. 335, sec. 3) making the willful and malicious killing of slaves murder, no punishment is affixed to the crime of manslaughter committed upon a slave.
PER CURIAM.
This is manslaughter; and in the act of Assembly against the malicious killing of slaves there is no punishment affixed to manslaughter; so he must be acquitted.
Verdict accordingly.
NOTE. — Upon the first point, see S. v. Weaver, ante, 54, and the note thereto. As to the second point, the law is now altered. See 1 Rev. Stat., ch. 34, sec. 9.