Baker v. People

The respondent was tried upon an information charging him with having feloniously, willfully and of his malice aforethought killed and murdered one George Fuller. The evidence was circumstantial. While it tended to show that the crime charged had been committed by the respondent, and while the jury might under proper instructions' have found the respondent guilty of murder in the first degree, yet we think the court erred in charging the jury that their “verdict should be either guilty of murder in the first degree, or not guilty.” There was no claim or pretense that the murder if committed…