State v. Fields

SHARP, Justice.

The evidence in this case was plenary to withstand defendant’s motion for nonsuit and to sustain the verdict. However, the condition of the record, which the assistant solicitor “accepted as a correct statement of case on appeal” the same day it was served upon him, leaves us no alternative except to order a new trial.

Defendant assigned as error the following portions of his Honor’s charge, the error and prejudice of which are apparent:

“If you find from the evidence beyond a reasonable doubt that on the 28th of March, 1970, Adam Fields, Jr. intentionally shot and killed Kernis…