Ross

Defendant was informed against for the crime of mnrder, and was convicted of murder in the second degree. This is an appeal from the judgment and from an order denying defendants’s motion for a new trial.

There is only one point urged in this appeal—the alleged error of the trial court in refusing to give to the jury the following instruction offered by the defendant: “And finally, if you are not convinced beyond all reasonable doubt and to a moral certainty that the defendant did not act in self-defense, you will return a verdict of not guilty. ’ ’

We must look to the entire instructions given by the court in order to determine the question as to whether or not the refusal to give any single instruction was prejudicial to defendant. Although an instruction may not be given in the exact language in which it was asked, yet if by an examination of the entire record and the instructions as given by the court it appears that the jury were fairly instructed upon the point concerning which a single instruction was refused, such refusal will not be erroneous. If it be conceded in this case that there was testimony sufficient to have justified the giving of the instruction asked by the…