State v. . Merrick

The evidence on the part of the State showed that on 31 August, 1915, deceased was killed by a gunshot wound, intentionally inflicted by defendant. There was no testimony offered by defendant, and, on the facts in evidence, the jury rendered a verdict of guilty of murder in the first degree. Sentence imposing the death penalty, and defendant appealed and, pursuant to exceptions duly entered, among other things, made assignments of error in effect as follows:

1. That the court in its charge to the jury entirely failed to present the question of manslaughter, when there were facts in evidence…