State v. Harris

The defendant was indicted at the May term, 1879, of the Macon county circuit court, for murder in the first degree, for the killing of Thomas Morgan on the 28th day of May, 1879. He was put upon his trial at the January term, 1880, of said court, and convicted of murder in the second degree, and sentenced to imprisonment in the penitentiary for ten years. Motion for new trial and in arrest of judgment having been overruled, the cause is brought to this court by appeal.

The judgment in this cause must be reversed for error committed in giving for the State the eleventh instruction defining…