Callahan v. State

1. According to the testimony for the State, the guilt of the plaintiff in error is so manifest .that as individuals we would be extremely loath to remand this ease for another trial. So far as the evidence is concerned there, was only one issue, to wit, whether the accused was present at the perpetration of the crime; and the trial judge did not err in narrowing the consideration of the jury to that issue and in focusing their attention upon it. But for the very reason that this was the controlling issue in the case, it was the peculiar right of the defendant to have this issue submitted…