State v. Brown

The opinion of the Court was delivered by

Fenner, J.

This case returns from the remanding ordered by us in our decision reported at p. 725, 40 Annual. We there held that, under the mandatory terms of Section 785 of the’ Revised Statutes, in all “trials for murder the jury may find a verdict for manslaughter,” and that refusal so to charge was error, even though based on the judge’s opinion that manslaughter was entirely inapplicable to the facts of the case.

In the present appeal complaint is made of the judge’s charge on the same subject.

The judge, in his charge, referred to his ruling on tlio…