State v. Buffington

The opinion of the court was delivered by

Greene, J.:

This is an appeal from a conviction of murder in the second degree. The court refused the request of the defendant to instruct the jury in the *707law of any of the degrees of manslaughter, and over the objection of the defendant gave the following instruction :

“ If you find from the evidence, beyond a reasonable doubt, that the defendant is guilty of murder in the second degree, as I have defined it, committed in the manner charged in the information upon the person of said Oda Miller, and at the time and place therein named, then you should…