Sherwood v. Rieck

It is first contended by appellant’s attorneys that the “ third additional count of the declaration is insufficient to sustain any judgment whatever.” At the close of the evidence, appellant moved the court, in writing, to instruct the jury to find a verdict of not guilty as to each count of the declaration. This motion was granted as to all except the third additional count, and the jury were instructed accordingly. As to that count the motion was denied, and it is contended that in denying the motion and refusing to instruct the jury to disregard that third additional count the court erred.

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