Osborne v. State

George Rose Smith, J.,

on rehearing. One assignment in the appellant’s motion for a new trial was that “the jury was misinstructed by the court over defendant’s objections.” In our original opinion we held this assignment to he too general in its language to support a contention that a particular instruction was erroneous.

In a petition for rehearing counsel point out that there was only one objection to the instructions, that being a specific objection to Instruction No. 8. Hence, it is argued, the assignment of error—-that the jury was misinstructed over the defendant’s objection—could only…