Gary v. State

The judge charged the jury that the elements of cruelty and malice were necessary to make out the case against the accused, and that the jury must be satisfied from the evidence “that the child was cruelly and maliciously treated by the defendant.” He refused a request to give an instruction, submitted to him in writing before he began his charge, to the effect that each of the elements of cruelty, unreasonableness, and malice entered into the crime, and must be proved by the State. Error was assigned on the charge, and on the refusal to charge. The charge as given left the jury free to find…