State v. . Howell

Tbe defendant’s primary assignment of error is directed to tbe failure of tbe court to charge tbe jury as to its right to return a verdict of not guilty. This assignment of error must be sustained.

Tbe defendant did not testify in bis own bebalf and at no time admitted that be killed tbe deceased. His plea denied that be was guilty of any unlawful killing and challenged both tbe weight and credibility of tbe evidence offered by tbe State. On this plea tbe burden rested upon tbe State to show beyond a reasonable doubt that tbe defendant bad committed an unlawful killing before any verdict of…