Brooks v. State

The appellant was convicted of murder and sentenced to be hanged. The evidence introduced on the trial was not made a part of the record, and consequently does not appear therein.

The assignments of error complain (1) of the refusal of the court to grant an instruction requested by the appellant; and (2) of the modification of one of appellant’s requested instructions.

The instruction refused reads as follows:

“The court instructs the jury for the defendant that the burden of proof is upon the state at all stages of this case which includes proof that E. W. Cook was murdered and to establish…