People v. Wardrip

McFARLAND, J.—

The defendant was charged with the murder of one Hugh Duffy. He first pleaded “Guilty,” but afterwards withdrew that plea and pleaded “Not guilty.” He was convicted of murder in the first degree, and judgment of death followed. He appeals from the judgment and from an order denying the motion for a new trial.

The main contentions of appellant for a reversal are based on the refusal of the court to give certain instructions asked by appellant, and those discussed in the briefs are numbers 18, 19, 22, 25, and 26.

Number 26 is merely a statement to the jury that if they should find…