Essery v. State

(dissenting).—The indictment in ordinary form charges appellant with murder. Murder is an offense consisting of degrees by statutory enactment. It embraces murder in the first and second degree, manslaughter, and negligent homicide, and may include other inferior offenses. This conviction occurred before the first of July, and was necessarily tried under the law before the change in the definition of murder went into effect, which occurred on July 1st. On June 19th the jury returned the following verdict: “We, the jury, find the defendant guilty as charged in the indictment and assess his…