Rossi v. State

The defendant was indicted for the offense of murder .and was found guilty of voluntary manslaughter. He excepts to the judgment overruling his motion for new trial. The motion for new trial contains a large number of grounds. It is not necessary to state or discuss them in detail. In the main the *733charge of the learned trial judge is a lucid and impartial exposition of the law. We think, however, that the plaintiff in error is entitled .to a new trial upon three of the exceptions presented.

1. In the first place the judge charged that portion of §65 of the Penal Code which relates to…