State v. . Boswell

The defendant was indicted with Arthur Lamm and Tanner Poythress for the murder of one Clayton Beaman. The defendant was convicted, and from the sentence of imprisonment, appealed to this Court, and a new trial was awarded. The case is reported in 192 N.C. 150.

Upon the second trial the defendant was again convicted of murder in the second degree, and from the judgment of imprisonment pronounced appealed to this Court, assigning errors. In a criminal action is it reversible error for the trial judge to omit to charge the jury that the defendant is presumed to be innocent in the absence of a…