Foskey v. State

The accused, Foskey, was tried under an indictment charging him with the murder of Holmes, and was found guilty of voluntary manslaughter. He moved for a new trial, his motion was overruled, and he excepted.

*731. The court charged the jury as follows : “ I have some requests here to charge, and of course you will understand that when I read one I charge it as being the law. I don’t mean to say, however, that it is the law applicable to this case. As you receive the law from the court, you, then having the evidence in your mind, will determine whether the law is applicable to the evidence. You are…