Murray v. State

In the performance of my duties, I find no pleasure in reversing a criminal case when the accused’s conduct is akin to that of a vicious beast, even though the law requires a new trial. Believing, however, as between an individual and society, that the law should be fairly and impartially applied without respect to personalities, I undertake, without pleasure, to show my disagreement with that portion of the majority view holding that the failure to instruct on second degree murder was not error.

One of the statutes here involved is Ark. Stat. Ann. § 43-1024 (Repl. 1964) which provides:

“Amendme…