Bush v. State

DIMOND, Justice.

Appellant was indicted for first degree murder. On his trial he was convicted of manslaughter. Appellant contends on this appeal that the court erred in denying his motions for acquittal as to the offenses of first and second degree murder, and in charging the jury as to the elements of those two crimes.

Appellant’s argument is mainly devoted to the proposition that error in instructing as to first and second degree murder was not cured by the return of a manslaughter verdict. On this question the courts are divided. Some are of the view that error in giving instructions as to…