Todor v. State

By the Court.

The plaintiff in error was indicted under Section 12400, General Code. The indictment, in a single count, charged him with purposely and of deliberate and premeditated malice killing one Kate Danialas. A plea of not guilty was entered. Trial was had to a jury.

The plaintiff in error at the trial testified, in part:

“I pulled a gun and shot, but I didn’t intend to shoot her. * * * I went there, but I didn’t intend to kill her. * * * I went down there, but I didn’t intend to shoot her.”

The court charged the jury upon the subject of murder in the first degree, recommendation of mercy,…