Howard v. State

The indictment in this case charged the appellant with the offense of murder in the second degree only; but notwithstanding this it appears from the record that the court orally charged the jury that the crime charged was “murder in the first degree,” and ponding the oral charge to the jury, the court charged fully upon the offense of murder in the first degree and instructed the jury: “After considering all the evidence, if you are convinced beyond all reasonable doubt that the defendant is guilty of murder in the first degree, then, the form of your verdict would be: ‘We the jury find the…