State v. Mangano

The opinion of the court was delivered by

PARKER, J.

The writ of error in this case brings up the record of the trial of plaintiff in error at the Union Oyer and Terminer and his conviction of murder in the first degree. The assignments of error all bear upon the charge of the court below, or its refusal to charge as requested, and we find it necessary on two of the grounds assigned to reverse the judgment of conviction and remand the cause for a new trial.

The first ground is that the court in charging the jury upon the elements of murder in the first degree, after instructing them that it must…