State v. Isom

The evidence, considered in the light most favorable to the State, was sufficient to survive defendant’s motion for nonsuit. Hence, assignment of error directed to the court’s ruling in this respect cannot be sustained.

Assignment of error #7 must be sustained, and a new trial granted, notwithstanding it seems improbable that the record reflects correctly the instructions given by the presiding judge. But, as shown in the record, the instruction was not responsive to the jury’s inquiry and was highly prejudicial. Too, the jury’s inquiry remained unanswered.

The obvious purpose of the…