Floyd v. State

The defendant was convicted of murder, and excepted to the overruling of his motion for a new trial. The indictment alleged that he killed the deceased by hitting and striking him “with a certain blunt instrument to the jurors unknown, and a certain automobile which he [the defendant] had and held.” Upon the trial the judge charged the jury, “that there is no evidence that the defendant was killed by an automobile, and you will not consider that feature of the case; you will only consider whether he met his death in the manner described by the use of some blunt instrument.” This charge was…