State v. . Brown

As a result of suspicion and jealousy, or a lovers’ quarrel, or because he “loved her too much,” the defendant shot and killed Emma Carroll at her father’s house in McDowell County on the night of 3 April, 1934. The defendant tendered a plea of second-degree murder. The State contended for a verdict of murder in the first degree. There was no question of manslaughter.

The following excerpt taken from the charge forms the basis of one of the defendant’s exceptive assignments of error:

“Oil tbe question of second degree, tbe burden shifts to tbe defendant if tbe State bas satisfied you that tbe…