State v. Hunter

Appellant was convicted of murder in the second degree, and was sentenced to serve a term of from ten to twenty-five years in the state penitentiary, and appeals.

■There are but two questions in this case requiring consideration: (First) Did the court commit reversible error in giving instruction No. 23, defining malice; and (second), Did the court err in refusing to give appellant’s requested instruction No. 19 ?

Instruction N’o. 23, defining malice, reads as follows:

“The court instructs the jury that malice includes not only anger, hatred and revenge, but every other unlawful and…