State v. Butler

ZINN, Justice.

Albert A. Butler was tried and convicted of murder in the first degree. He had taken the life of Ray Opal Stotts, a human being. On November 18, 1933, he was sentenced by the court to pay the penalty of a life for a life; death by electrocution. From the judgment and sentence the case is here for review on Butler’s appeal.

An exhaustive review of the facts in the ease is unnecessary. The first question presented for our consideration and determination is decisive.

The appellant requested an instruction to the jury pointing out the legal effect óf a homicide committed by one so…