People v. Giacalone

Defendant, convicted of murder on April 28, 1927, reviews on exceptions before sentence, complaining that the court erred in declining to entertain her defense of justifiable homicide, and in refusing to admit evidence offered to support and to establish it, and in directing a verdict of guilty. The court instructed the jury that “this killing is neither excusable nor justifiable homicide but * * * is felonious homicide.” The charge gave to the jury the sole duty of determining degree of guilt. It does not contain the words “not guilty.” It leaves to the jury no choice of verdict as between…