State v. Jones

The opinion of the court was delivered by

Nicholls, C. J.

John Jones and Henry Simmons, having been convicted of murder and sentenced to death, have appealed.

The record shows that during the progress of the trial certain confessions made ‘by Henry Simmons were, over the objections- of the defendants, permitted to be testified to and go to the jury, and that in his charge..to the jury-the District Judge, in instructing them what verdicts they could render under the indictment, failed to include that of manslaughter, and that upon his attention being called by counsel of accused to the omission…