Wilkey v. State

THOMAS, Justice.

The several assignments of error challenge the action of the trial court in giving to the opening statement of appellants’ -counsel, defining the issues of fact to the jury, evidential effect authorizing the general affirmative charge against appellants.

Appellants thus state the question: A jury having been impaneled and sworn and the issue of fact formed by the pleadings, the court was without authority to conclude the case without the introduction of the evidence (and to do this against defendants’ objection) merely on counsel’s opening statement to the jury.

Such statement…