State v. Burris

TAYLOR, Justice.

Defendant (appellant) was tried upon an information charging murder of the first degree. He appeals from the judgment entered upon his conviction of murder of the second degree.

The assignments of error are:

“The court erred in giving Instruction No. 18 on First Degree Murder for the reason that such a degree of homicide was not sustained by the evidence.

“The Court erred in giving Instruction No. 24 for the reason that this instruction is not applicable where defendant’s sole defense is a denial that he committed the homicide; and for the further reason that the evidence was…