Freeman v. State

While counsel for the prisoner and for the state both discuss the weight of the evidence relating to the higher degree for which the prisoner was convicted, we confine ourselves wholly to the legal question presented, viz.: Was there error in the court’s charge to the jury? In considering this question the proof offered, respectively, by the state and the defendant, can be briefly stated. About 2:20 a. m., September 18, 1927, the defendant, Freeman, had parked his auto on a street in Dayton. Horn, a policeman of that city, observing the parked auto of the defendant, rode up to it on his…