Halsey v. State

It is earnestly insisted that if the defendant is guilty at all it is only of manslaughter and not second degree murder, and- that this court should modify the verdict and reduce the'degree of the offense to that of manslaughter. Under the provisions of GC §13449-1, par 4, the power to modify a verdict in a criminal case and reduce the crime of which the defendant was convicted to a lesser included offense is given to a reviewing court in cases where such action is warranted by the evidence. However, on the evidence in the case at bar the crime was clearly that of murder in the second degre…