State v. Lang

MITCHELL, Justice.

In this appeal the defendant’s dispositive assignments of error relate to the admission into evidence of his confession and to instructions by the trial court to the jury concerning the conditions under which the jury could infer malice. We find merit in these assignments and hold that the defendant must be allowed a new trial. Other errors assigned by the defendant are not likely to arise at a new trial and are neither reached nor discussed herein. Therefore, a complete recitation of the evidence presented at trial is unnecessary.

The State’s evidence tended to show that the…