Carlone v. State

The accused was informed against for murder in the first degree, convicted of murder in the second degree, and sentenced to the state prison for a period of fifteen years.

*39(1) It is contended that tbe court below, in its instructions to tbe jury, erred in defining manslaughter to be “an involuntary killing of another by any weapon or by any means either cruel, unusual, or in the heat of passion.” (2) Also in refusing to instruct the jury that they might find the defendant guilty of manslaughter in the third degree as defined by sec. 4354, Stats. (1898). ■

In order to ascertain the legal…