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 Deaver until after the shot was fired, then he caught hold of Mr. Deaver and told him to turn loose the gun and their hands were linked up together and appellants were begging Mr. Deaver to turn the gun loose.

Appellants testified in their own behalf to the effect that they engaged in the altercation with Mr. Deaver solely to protect their own lives and only after he had cursed and abused them and attacked them with a pistol in his hand; that they had no or ill-feeling toward either Mrs. Deaver or Mr. Deaver; that the pistol, which killed Mrs. Deaver, was fired while they were wrestling with Mr. Deaver for possession of the pistol and that the pistol was in Mr. Deaver's hand at the time. They were not acquainted with either Mrs. Deaver or Mr. Deaver until they began work picking cotton on the day before the encounter in question.

There is nothing in this record to indicate that these two negroes were quarrelsome or that they were not peaceable and industrious. After the trouble, appellants voluntarily went to a telephone and called the Little Rock police and surrendered.

There is other evidence in the record which we deem it unnecessary to set out here. Suffice it to say that after a careful review of the record, we have reached the conclusion that when the evidence on the part of the state is viewed in the most favorable light to the state, the highest degree of homicide which it can support is voluntary manslaughter.

Manslaughter is defined by § 2980 of Pope's Digest as follows: "Manslaughter is the unlawful killing of a human being, without malice, express or implied, and without deliberation."

Voluntary manslaughter is defined by § 2981 of Pope's Digest as follows: "Manslaughter must be voluntary, upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible."

In discussing the insufficiency of the evidence to support a charge of second degree murder, this court in the recent case of McClendon v. State, 197 Ark. 1135, 126