Ferguson v. State

The appellant was charged by indictment with the offense of murder in the first degree, the charge being that he unlawfully, and with malice aforethought, killed William J. Andrews, by shooting him with a gun or pistol, etc. The trial resulted in a conviction of murder in the second degree, and the jury fixed his punishment at imprisonment in the penitentiary for ten years. This appeal was taken from the judgment of conviction pronounced and entered in accordance with the verdict of the jury.

Insistence is made that the court erred in certain portions of the oral charge. Upon examination we…