State v. Payne

The record on this appeal covers three hundred forty-two pages and contains six hundred and eighty-eight exceptions. Some of the exceptions have been abandoned; the others have been grouped in fifty-two assignments of error. Some of them are formal; others, manifestly untenable, require no further elaboration on well settled principles of law relating thereto. The remainder may be fairly treated in a few groups.

The defendants each pleaded “Not guilty.”

On the trial below the State introduced evidence tending to show this narrative: George Penn, a State Highway patrolman, ivas killed in the…