State v. . Rowell

There appears in the record the following: “After the jury had spent some time in deliberation they returned to the Courtroom and the following took place:

“By the Court: Gentlemen, your officer informs me that you desire further instructions from the Court. Is that correct?

“By Spokesman'for the Jury: Yes, sir, what we want to know is if we decide first degree murder can we ask for mercy ?

“By the Court: You have that right.

“To this instruction by His Honor the defendant objects and excepts. Exception No. 9.”

This exception is preserved and is made the basis of an assignment of error on appeal,…