Stanley v. State

Kirby, J.,

(after stating the facts). It is first urged that- the evidence is not legally sufficient to warrant the verdict of murder in the first degree,'and in any event that the court erred in not instructing the jury of the lesser punishment they could have inflicted if they found defendant guilty of murder in the first degree.

The testimony is set out at some length, and we are constrained to agree with the contention that it is not sufficient to warrant the verdict of murder in the first degree. There is no testimony indicating* any deliberate or premeditated intention to kill or to take…