Duncan v. State

SIMPSON, Judge.

Under an indictment charging murder in the second degree, appellant was convicted of manslaughter in the first degree.

The trial court refused to give two charges (among others) for defendant, (1) that the indictment includes a charge of manslaughter in the second degree, and (2) that it includes a charge of an assault and battery. Instructions to the jury on the degrees of homicide were limited by the trial court to those of murder in the second degree and manslaughter in the first degree.

The principal question for decision is the propriety of the trial court’s action in…