Copeland v. State

Mabry, J.:

The plaintiff in error was indicted, tried and convict*322ed of murder in the first degree, and the death pen >.lty imposed upon him by the judgment of the court.

One of the errors assigned is that the court failed to instruct the jury as to the various degrees of homicide. The court instructed the jury as to murder in the first degree and the right of self-defence. No- request was made for further instructions as to’ the different degrees of homicide. This court has held that the futility of objecting that the trial judge did not instruct the jury upon all the grades of homicide to…