Ivery v. State

The appellant was charged with murder in the first degree but convicted of manslaughter in the first degree and sentenced to ten years imprisonment.

In the oral charge to the jury the court instructed the jury in part as follows:

“. . . So the only three verdicts that you may return in this case is, first, we the Jury find the Defendant not guilty; second, we the Jury find the Defendant guilty of murder in the second degree and fix his punishment at imprisonment in the penitentiary for not less than ten nor more than life; third, we the Jury find the Defendant guilty of manslaughter in the…