State v. . Bynum

The prisoner was convicted of murder in the first degree. There is no exception to the evidence nor to the charge, except that the court permitted the jury to consider the question of murder in the first degree. The case on appeal states: "The prisoner excepted to the judge's permitting the jury to consider murder in the first degree on the ground that there was no evidence, as he claimed, or murder in the first degree, therefore the judge's charge is not sent up in full. The court in its charge among other things, instructed the jury fully and correctly as to what in law constituted murder…