State v. Bauers

The defendant, Bauers, was charged with first-degree murder and convicted of second. He interposed a motion for a new trial upon five of the statutory grounds delimited by Rem. Rev. Stat., § 2181 [P.P.C. § 136-1], among which he specified subd. 5: “Error of law occurring at the trial and excepted to by the defendant .” (Italics ours.) The court entered an order granting the motion “upon the following grounds and no others, to-wit:

“1. That the Court erred in submitting to the jury the issue of the guilt of the Defendant of murder in the second degree, the Court being of the opinion that the…