State v. Thomas

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is from a conviction of murder in the second degree and sentence pronounced thereon. The *401information charged murder in the first degree, and the court instructed upon both degrees and upon all the degrees of manslaughter.

Many errors are assigned; some of them are concerning the instructions given, one concerns the refusal of the court to sustain the motion to discharge the defendant for want of evidence, direct or circumstantial, or some of the essential elements of the crime, but most of them are because of the…