State v. . Ellick

We concur with Mr. Eaton in the position that from the manner in which the case was put to the jury, the motion for a venire de novo is to be considered on the testimony of the witnesses for the prisoner only; and that the testimony of his principal witness, Harriet, is to be taken in the view most favorable to him. This follows from the fact that the judge made a general charge, and did not "declare and explain the law arising on the evidence." S. v. Summey, post, 496; Gaither v. Ferebee, ante, 303; S. v.Norton, ante, 296.

We have these facts: The prisoner and one Micajah, on a starlight…