Nelson v. State

Duckworth, Justice.

The motion for new trial assigns error upon the following excerpt from the charge to the jury: "An admission, as applied to criminal cases, is the avowal of a fact or circumstance by the defendant, not amounting to a confession of guilt, but tending to prove the offense, and from which guilt may be inferred,” on the ground that there was no evidence showing or *580tending to show an admission; and because, although the defendant in his statement admitted that he helped plan the conspiracy .to kill the deceased, he never admitted that he fired the shot that killed him; and…