Frazer v. State

The indictment in this case reads as follows: “The Grand Jury of said County charge that before the finding of this indictment, Willie Frazer unlawfully and with malice aforethgought killed Jesse Taylor by stabbing him with a dirk, or knife, but without deliberation or premeditation.”

On the trial after the evidence was all in, and a full charge by the court, the jury returned a verdict of manslaughter in the first degree and fixed the punishment accordingly.

The only question of merit presented by this record is raised by reason of the rulings of the court on a demurrer to the indictment. It…