State v. Clark.

The Court gave the following prayers at the request of the State: “2. If the jury are satisfied beyond a reasonable doubt that the prisoner slew the deceased with a deadly weapon, to-wit, a pistol, and are left in doubt as to the circumstances of mitigation or excuse offered by the prisoner or derived from the State’s evidence, they should convict of murder in the second degree.”

*714“3. If the jury are satisfied beyond a reasonable donbt that the prisoner slew the deceased with a deadly weapon, to-wit, a pistol, and are left in donbt from the whole evidence as to whether the deceased at the time…