State v. Daniel.

Tbe defendant was indicted for tbe murder of William Eborn. He was convicted of murder in tbe first degree and from judgment rendered upon tbe verdict be appealed. There is but one exception. At tbe close of tbe testimony tbe defendant’s counsel requested tbe court to charge tbe jury that “There is not sufficient evidence of premeditation and deliberation on the part of tbe defendant and that upon tbe evidence tbe jury is not warranted in convicting’ tbe defendant of a graver offense than murder in tbe second degree.” Tbe court refused to give this instruction and tbe defendant excepted. Tbe…