Burney v. State

1. The 4th and 5th grounds of the motion for new trial will be considered together. The 4th ground alleges error in allowing the prosecutor to testify that the accused shot -at him “with a little 23 rifle,” when the indictment charges that the weapon used was a “shotgun.” The 5th ground complains that the trial judge expressed an opinion on the facts to the jury when *623the above-referred-to evidence was objected to, by saying, “Go ahead, a rifle is a shotgun.” Had these propositions been submitted to the writer a few months ago, he would have ruled that both objections were good, basing his…