State v. Hockett

COPELAND, Justice.

Defendant brings forward and argues four assignments of error which he contends require a reversal and either a dismissal of the charges against him or a new trial. We conclude there must be a new trial because of the failure of Judge Farmer to answer a question asked by the jury relative to the legal effect of the presence or absence of a weapon.

In the first assignment of error the defendant in effect is urging this Court to abandon several previous rulings. More specifically, the defendant asks us to hold that in cases where two witnesses, with ample opportunity to observe…