State v. Colonese

The defendant moved to strike out sixteen paragraphs of the finding and the denial of the motion by the trial court is assigned as error. All these paragraphs were statements of what the State had offered evidence to prove and claimed to have proved.

We have heretofore called attention to the distinction between a finding on a trial to the jury and one where the case was tried to the court. The latter embodies the ultimate facts which have been determined by the court, while the former is merely a fair statement of what the parties offered evidence to prove and claimed to have proved. We also…