State v. Warren

By the Court,

Leonard, J.:

Defendant was convicted of murder in the second degree. He appeals from the judgment, and the order denying his motion for a new trial. The bill of exceptions, as signed and settled by the court, shows that at the trial, in the presence and hearing of the jurors, the court remarked as follows:

“I will not give defendant’s instructions, numbers seven and eight, for the reason that I do not remember of any testimony given in this case .teuding to show that the deceased ever made an assault upon the defendant, Warren, or that there was any attempted assault made by…