State v. Casper

The defendant argues the court committed error in refusing to allow his motion to dismiss at the close of the evidence. He insists if he is not entitled to have his conviction reversed, he is entitled to a new trial (1) because of the erroneous admission of the photographs in evidence and (2) because of the court’s failure to charge the jury that in no event could it return a verdict of guilty of murder in the first degree.

The evidence in the case fails to show any motive for the killing. Nevertheless, it does show by the defendant’s admission that he and the deceased were in his vehicle…