Balthazor v. State

The errors as assigned and argued raise five principal questions : (1) Did the court err in refusing to submit to the jury the question of whether or not the defendant was guilty of manslaughter in the third degree? (2) Did the court err in instructing the jury that if they returned a verdict of not guilty they would violate their oaths as jurors? (3) Did the court by its instructions erroneously put upon the defendant the burden of proving beyond a reasonable doubt that he had not forfeited his liberty? (4) Was the instruction, “But mere drunkenness never relieves from criminal…