Washington v. State

Defendant was charged with the crime of first degree murder. He was found guilty. The jury fixed the penalty at imprisonment for life. Defendant brings the case here on one assignment of error, to wit: “That the trial court committed reversible error in instructing the jury that they might consider the evidence introduced as to the ‘defendant’s level or degree of intelligence’' solely in connection with their determination of the penalty to be imposed by them in the event they were to find the defendant guilty of murder in the first degree.”

We reverse the judgment of the trial court and…