State v. Fisko

OPINION

By the Court,

Ducker, J.:

Appellant was convicted of the crime of murder of the first degree for killing his wife. The jury fixed his punishment at death and he was sentenced accordingly. He assigns as error the refusal of the court to give an instruction on manslaughter and form of verdict for such offense.

The first contention under this assignment is that it is the duty of the court in every case of murder to submit to the jury, under proper instructions, the issue of manslaughter, even though there is no evidence to prove the latter offense. It is argued that the intention of the…