Willis v. State

<p>1. Where, on a trial for murder, the prisoner’s counsel requested the court to give its charge to the j ury in writing, and after complying with the request, the court gave orally other and additional charges, it is cause for a new trial, although the additional charges were given upon a request of the jury- for further instruction.</p> <p>2. The accused being between the ages of ten and fourteen years, the court, after reading to the jury section 4294 of the code, is not, in the absence of a special request, bound to further charge that they should be satisfied he knew the distinction between right and wrong as to the particular transaction under investigation before they would be authorized to find him guilty; but it would be entirely proper and right to add this additional instruction, as explanatory of the true meaning of the section.</p>