Bridges v. State

The appellant contends that it was error in the trial court to refuse the following- instruction requested by appellant: “The court instructs the jury for the defendant that they shall not find defendant guilty of murder, but if they find defendant guilty at all it must not be for a higher degree of homicide than manslaughter. ” Of the several eyewitnesses to the tragedy more than one testified distinctly and positively to a state of facts which made out a clear case of murder. In the face of this testimony, it would have been highly improper to grant the quoted instruction, which, under its…