State v. Brown

ALLEN, Chief Judge.

Ike Brown, the appellee here, was found guilty by the jury of murder in the second degree. A motion for a new trial was filed. The presiding judge entered an order granting a new trial to the defendant, Brown. This appeal followed the order granting a new trial.

The question of law involved in this case is whether or not a judge, trying a defendant charged under an indictment of first degree murder and convicted of murder in the second degree, should grant a new trial where the trial judge failed to charge on murder in the third degree even though there was no evidence in…