State v. Long

The opinion of the court was. delivered by

Marshall, J.:

The defendant appeals from a judgment convicting him of murder in the second degree. He complains of a number of matters.

1. One of these complaints is “that under no construction *304that can be placed upon the evidence in this case was the defendant, under the law, guilty of either degree of murder; and that the verdict should have been set aside and a new trial granted because the evidence shows conclusively that no offense greater than some degree of manslaughter was committed.”

There was evidence which tended to show the following facts:

Joh…