White v. State

ALLEN, Chief Judge.

The sole question involved in this appeal is the failure of the judge- to instruct the jury on third-degree murder.

The record reflects that defense counsel orally requested an instruction on third degree but submitted no written instruction nor any obj ection when such charge was not given.

The appellant, a white female, was charged with murder in the second degree in the death of her husband, William W. White. There had been bitterness between the two for some time, caused among other things by the husband’s heavy drinking. On the night in question an argument took place…