State v. Spahr
Indiana Supreme Court
From Huntington Circuit Court; Clifford Jackman, Special Judge. Prosecution by the State of Indiana against John Spahr. Judgment of acquittal, and the. State appeals on reserved questions of law.
1Opinion of the CourtSpencer, C. J.
Appellee was tried and acquitted on an indictment which charges him with the murder of one Arrel Littler by striking said Littler with a shovel. Some of the evidence introduced at the trial tended to sustain the allegations of the indictment, but appellee testified that he struck the deceased with a brick or a stone. In view- of that conflict in the evidence-the following instruction was given at the request of appellee : “It is charged in the indictment that the defendant killed the deceased with a shovel. The weapon used is *591one of the essential elements of the indictment to be proved and if…
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