Jackson v. State

(after stating the facts as above).

Giving effect to the provisions of the statutes, now sections 4457 and 9507 of the Code of 1923, this court has consistently ruled that on the trial under an indictment for murder, it is the mandatory duty of the court to instruct the jury as to the elements of both degrees of murder; that the duty and authority to determine the degree of the offense, in the event of conviction, rest with the jury and not the court; that the refusal of the court to so instruct the jury, when requested to do so> or the giving of an affirmative instruction, ex mero motu, which…