Hoss v. State

Her Curiam.

Hoss was indicted for murder in the second degree. On that indictment he might he convicted for the offence named, or for manslaughter.

'The lightest punishment for murder in the second degree is imprisonment in the penitentiary for life. 2 Gl. & H. pp. 437, 438. The heaviest punishment for manslaughter is imprisonment in the same place for twenty-one years; IUcl; but, on the trial of said cause, the Court told the jury that if they convicted of manslaughter, the heaviest punishment they could inflict was imprisonment as above for fourteen years. Under this instruction the jury…