Davis v. State

From a judgment of conviction of murder in the second degree, and sentence to 20 years’ imprisonment' in the penitentiary, defendant appeals.

In a well-considered brief counsel for appellant present the sole question relied upon to effect a reversal of the judgment of conviction pronounced against defendant in the court below.

The question relates to the refusal of the court to give at the request of defendant special written charge 1. The charge is as follows:

“In passing on the evidence in this case, if the jury finds that the evidence is in conflict, it is the duty of the jury to reconcile…