Passmore v. State

The defendant appeals from a judgment of conviction of murder in the first degree, with sentence of life imprisonment.

In brief filed by the attorney for the appellant, it is earnestly insisted that the court was in error in limiting the oral ■charge to murder in the first degree and instructing the jury that under the testimony offered the defendant would be guilty >of murder in the first degree or of no offense at all, depending upon their belief of the state’s evidence under the required rule. Insistence is made that under Title 14, § 317, Code of Alabama 1940, the jury is required to…