Phares v. State

(after stating the facts). The first assignment of error is that the court erred in instructing the jury as to murder in the second degree.

In instruction No. 4, given by the court on its own motion, the difference between murder in the first degree and murder in the second degree was explained. Among other things, the court said:

“Murder in the second degree is the absence of premeditation and deliberation, 'but this case has all the other elements of murder in the first degree.”

The court had no right to point out what inferences s-hpuld be drawn from the evidence. This, was within the…