State v. Burrus

On Motion for Rehearing.

HUDSPETH, Justice.

The motion for rehearing presents, and an unusually able and interesting brief urges, that it was error, not only reversible but jurisdictional, to submit to the jury the question of appellant’s guilt of voluntary manslaughter, upon this information, which contains a single count, and that charging murder in the first degree.

Appellant did not object to the instruction nor to the receipt of the verdict. He did move in arrest of judgment, on the ground stated. No point was made of it on the original presentation here. It is of course for appellant to…