Melli v. State

There are twelve assignments of error. The first and second may be considered together. They are, (1) that “the court erred in refusing to set aside the verdict because of reasonable doubt as to whether defendant fired fatal shot,” and (2) that “the court erred in refusing to set aside verdict because intent to kill necessary to first degree murder was not established beyond reasonable doubt.” We do not deem it necessary to enlarge on the statement of facts. The evidence is voluminous. There is a sharp conflict between the evidence adduced by the state and that given by the defendant and the…