State v. Crisp

At the close of the State’s evidence the defendant made a motion for judgment of nonsuit, which the court overruled, and renewed such motion at the end of all the evidence, which the court refused. The defendant assigns this as error. However, he does not contend under this assignment of error that the court should have non-suited the State, but that the court erred in not limiting the jury’s consideration of the evidence to the offense of manslaughter alone.

The State’s evidence presented these facts: On the night of 15 March 1955 James A. Ferreri, a 17 year old boy, Robert Hopper and Michael…