State v. Miller

Appeal from Jackson Criminal Circuit Court. — Hon. Ralph 8. Latshaw, Judge. (1) The weapon used, if any, was not described to the jury and it was not introduced in evidence so they could view it, so that there is no evidence in the case proving or tending to prove that the defendant used a dangerous and deadly weapon. What is a dangerous and deadly weapon is a question of fact and there must be some evidence tending to show that fact before the issue can he submitted to the jury, and there being no such evidence in the record, it was clearly erroneous for the court to give instruction number…