Brown v. State

Russell, Judge.

Error is assigned in the first special ground of the motion for a new trial on the failure of the trial court to charge the jury that if they believed the accused stabbed the deceased, but had a reasonable doubt whether the stabbing produced his death, it would be their duty to acquit as to the offense of murder and then to consider whether the defendant was guilty of the lesser offense of unlawfully stabbing another. The evidence upon which this offense is contended to be involved is that of a doctor who testified that she saw the deceased a few hours before his death, that he…