Howard v. State

CATES, Judge.

Louise Howard stands convicted of murdering her husband by poison. The jury found her guilty of second degree murder and set her punishment at twenty years imprisonment.

The trial judge refused two written charges not otherwise given;

*361“3. The Court charges the jury that the offense of second degree manslaughter is included in the indictment in this case.

“4. The Court charges the jury that the offense of first degree manslaughter is included in the indictment in this case.”

These are adapted from charge “A,” the refusal of which led to reversal in Duncan v. State, 30 Ala.App. 356, 6…