Lee v. State

Defendant was charged with murder in the second degree causing the death of one James F. Sweany. He was found guilty of manslaughter. He brings the cause here by petition in error. We reverse and remand.

Defendant presents seven assignments of error. These we shall discuss in the order in which they arose at the trial.

Defendant charges that the trial court erred in giving oral instructions on the law during the examination of a prospective juror. The record discloses that during the examination of a juror by the state, he replied: “I won’t convict a man on circumstantial evidence.” The state…