People v. Kernaghan

The jury found the appellant guilty of murder in the first degree, and assigned the punishment of death. JSe now- contends for a reversal of the judgment upon the grounds that the court erroneously instructed the jury,,first, as to reasonable doubt; second, as to manslaughter; third, as to excusable homicide; and fourth, as to insanity. The difficulties in this case arise mostly out of the attempt-of the learned judge of the court below to employ.new and unusual forms of speech to state old principles, the proper expression of which has long since settled into'wéll-considered and well-chosen…