State v. Cottrill

Brannon, Judge:

Wirt Cottrill was indicted in the circnit conrt of Doddridge County for the murder of James Ball, and was found guilty of murder in the second degree and sentenced to the penitentiary for nine years, and brings his case here by writ of error. The prisoner did not deny the homifcide, but relied upon the plea of self-defence. That was the only question before the jury.

The first point and the chief one by counsel for the prisoner is based on instruction four given for the State reading: “The court instructs the jury that according to the law of this State, which is binding upon…