State v. Becker

ComegYS, C. J.,

charging the jury:

Gentlemen of the Jury: The indictment in this case charges the prisoner, Becker, with the crime of murder of the first degree. As there are in law other kinds of homicide, it is proper that I should inform you what they are; and also that though you should not be able from the testimony to convict the prisoner of murder *412of the first, yet should the evidence be sufficient to convict him of murder of the second degree, you may find him guilty of such degree; and if it be not sufficient for that, then, if the killing was wrongful, being neither excusable,…