Ayers v. State

— The plaintiff in error in the Circuit Court of Marion County was indicted, tried and convicted of murder in the first degree with a recommendation to the mercy of the court by the jury and sentenced to life imprisonment, and brings the judgment here for review by writ of error.

One of the errors assigned and argued here is the refusal of the trial judge to give f he following instruction to the jury requested by the defendant:

“The defendant is entitled to and it is the sworn duty of every member of the jury to individually give him the benefit of this reasonable doubt which may arise from…