State v. Robinson

The defendant was indicted for murder in the first degree and was convicted of murder in the second degree. It is unnecessary to state the facts. The court gave, among others, the following instruction :

3. “ Lf the jury find from the evidence that the defendant feloniously, willfully and maliciously, and not deliberately and premeditatedly, shot and killed Thomas J. Robinson, they will find him guilty of murder in the second degree, and not guilty of murder in the first degree.” Instruction numbered eight, given for the State, is to the same effect.

These instructions do not conform to the…