State v. . Anderson

The court instructed the jury that since the defendant admitted “he threw the brick and did it in his own self-defense” they could not acquit unless he had satisfied them that he threw it in his own self-defense.

The instruction, as thus given, assumes that the brick struck deceased and that the wound inflicted caused death. At no time was the jury instructed that they must so find béfore returning a verdict of guilty.

Even though the evidence was uncontradicted its weight and credibility was for the jury. In the absence of an admission the cause should not have been submitted to the jury upon…