State v. Zorn

Defendant was indicted in the circuit court of Gasconade county, for an assault with intent to rob. He was put upon his trial on his plea of not guilty» which resulted in a verdict of guilty. From the judgment entered thereon defendant has appealed to this court, and seeks a reversal thereof, first, because the verdict is not warranted by the evidence ; second, because the court erred in giving the third instruction on behalf of the State.

1. criminal law: defendant as a witness. The instruction complained of is as follows: “The defendant is competent to testify as a witness in this ease, but…