State v. Bloom

Citations

• 91 Kan. 156
• 136 P. 951
• 1913 Kan. LEXIS 353

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Charge of Murder — Instructions—Degrees of Manslaughter. On the trial of one charged with murder in the first degree an instruction should be given defining and submitting to the consideration of the jury every crime included in such charge of which there is any evidence.</p> <p>2. -:- Request for Instruction — Not .Too Late. If, in such case, a request for a proper instruction is made before the charge of the court 'is given to the jury, it should not be refused on the sole ground of being out of time, notwithstanding any rule of court, but should be considered, and given or refused on its merits. .</p> <p>3. - Evidence — Degrees of Manslaughter Included. In this case there was evidence which entitled the accused to an instruction defining manslaughter in the fourth degree, as well as in the third degree, and the question of his guilt or innocence as to each of such degrees should have been submitted to the jury.</p>