State v. . Gause

Defendant assigns as error, among others, these portions of the charge of the court to the jury:

“You may, as you find the facts to be from the evidence under the instruction of law of the court, return one of two verdicts; either guilty of murder in the first degree, or not guilty.” Exception No. 26.

“The court instructs you that there is no evidence in this case of murder in the second degree or manslaughter. It is the law of this State that a murder which shall be perpetrated by means of lying in wait shall be deemed to be murder in the first degree.” Exception No. 27.

“Lying in wait is being…