People v. Turley

By the Court:

It appears by the bill of exceptions that the homicide in question was committed by the prisoner with a deadly weapon; that the supposed “provocation given by the deceased were words of reproach only;” and that these were uttered by the deceased when very drunk, and when the prisoner was walking away from him. The jury found the prisoner guilty of murder in the first degree, and he was thereupon adjudged to suffer death. The • appeal is taken from the judgment and from an order denying a new trial.

1. The first error relied upon is the refusal to give the seventh instruction asked…