Burnett v. State

(After stating the foregoing facts.)

In the first ground of the motion for a new trial error is assigned upon the following extract from the charge of the court: “I call your attention to the point mentioned by the counsel of the defendant to the jury, that this defendant has been previously tried, and the record now appears on the indictment. He said that the verdict had been set aside. I will state that I granted the defendant a new trial on account of an error I made in instructing the jury. You are not concerned with any other trial, and you are not to be influenced by anything that…