Hans v. State

I am of the opinion that the charge of the court fairly stated the material elements of the offense, for the commission, of which the accused was indicted, and that the jury could not possibly have been misled, nor the defendant prejudiced by reason of its failure in its first instruction to reiterate the words found in the indictment, wherein after charging an unlawful and malicious killing there is added: “but without premeditation and deliberation.” There is nothing in the transcript indicating any erasures in the instruction, although defendant’s counsel in their briefs say such is the…