State v. . Whitson

Clark, J.:

The pleas of former conviction, of former acquittal and of former jeopardy were properly overruled. When the foreman responded, “guilty of murder in the second degree,” the Judge very properly told the jury that such was not a verdict which could be rendered under our laws, and instructed them again as to what would constitute murder and what constitutes manslaughter. The foreman then expressed himself in favor of a verdict of manslaughter, but four of the jurors dissented. The jury were kept together from Tuesday until Saturday night, when the term of Court would expire, and being…