State v. . Keaton

This is the same case that was before us at the last term, opinion filed 10 January, 1934, and reported in 205 N. C., 607. A new trial was granted on the first appeal for error in the exclusion of evidence. The case has been tried again with the same result as on the first trial, to wit, a capital verdict and sentence of death.

The prisoner now complains that the trial court failed to instruct the jury on the issue of manslaughter and limited them in their deliberations to one of three verdicts, to wit: murder in the first degree, murder in the second degree, and not guilty. S. v. Merrick, 171…