State v. Elliott

It is first complained that defendant ivas prejudiced by certain rulings of the court. While the jury was being impaneled, counsel for defendant was examining a prospective juror, and the error assigned may be best illustrated by quoting the record:

“Mr. Bell (attorney for appellant) : In that case, Mr. Hilderbrand, the defendant Faletti ivas acquitted by the jury which tried him in this department. After the jury re- . turned the verdict, his Honor, Judge Gay, criticized the action of the jury in acquitting that defendant and censured them for returning such a verdict. The Court: That is not…