Stevens v. State

The appellant was indicted in the court below for murder in the first degree. He pleaded “not guilty,” and was tried by jury; verdict guilty, affixing the death penalty.

Tile defense was insanity. The evidence as to insanity was slight, but sufficient to carry the question to- the jury. The motion for a new trial was based upon alleged errors of law occurring at the trial, in the instructions of the court to the jury.

At tho instance of the .prosecuting attorney, the court instructed the1 jury, that, “in order to excuse a man for killing another on the ground of insanity, it must appear to the…