Melville Fuller

“ The statutes of Washington define murder in the first degree, and prescribed the punishment of death upon conviction; the crime of murder in the second degree, and punishment by imprisonment in the penitentiary for a term not less than 10 nor more than 20 years ”

“ On an indictment or information charging an offense consisting of different degrees, a jury may find the defendant not guilty of the degree charged, but guilty of any degree inferior thereto, and in all other cases defendant may be found guilty of an offense, the commission of which is necessarily included within that with which he is charged. The form of the verdict is also prescribed as follows: 'We, the jury, in the case of the state of Washington, plaintiff, against _____, defendant, find the defendant (guilty or not guilty, as the case may be) .' 2 Hill's Code, p. ”

“ Such being the law, it has happened in numerous instances that applications for the writ have been made, and appeals taken from refusals to grant it, quite destitute of meritorious grounds, and operating only to delay the administration of justice. ”