Butt v. State

Ed Butt was found, without recommendation, guilty of the murder of Bass M. Petty, and he brought the case to this court by a bill of exceptions assigning error upon the overruling of his motion for a new trial.

1. The motion complains of the following instruction by the court to the jury: “If you reach the conclusion'that the defendant is guilty of the offense of murder, then it is your duty to convict him of that offense^ and in that event the form of your verdict would be, We, the • jury, find the defendant guilty/ and that would mean punishment by death. Should you convict him and recommend…