65 P. 447 | Or. | 1901
delivered the opinion.
The defendant was indicted for murder in the first, and convicted of murder in the second, degree, for killing her husband. From the judgment entered against her, she appeals, assigning as error (1) the refusal of the trial court to admit in evidence, for the purpose of impeachment, the testimony of certain witnesses taken before the coroner’s jury ; (2) the court’s instruction to the jury that they might find the deféndant guilty of murder in the first or second degree, manslaughter, or not guilty ; (3) its definition of a “reasonable doubt” ; (4) its statement to the jury that it is admitted in the case that the deceased came to his death by a wound inflicted by a ball fired from a pistol which the defendant purchased a few days prior thereto. Of these in their order.