Oehler v. State

The plaintiff in error, hereinafter called the defendant, was charged with murder. He interposed a' plea of not guilty because insane and a plea of not guilty. Upon trial the court submitted to the jury the issue of insanity and several degrees of homicide. It is conceded by defendant’s counsel that the evidence would support a verdict of *532guilty of any degree submitted. The jury returned a verdict of guilty of manslaughter in the second degree and the court sentenced the defendant to “an indeterminate term in the state’s prison from six to seven years.”(1) Error is assigned because the judge…