State v. Black

— This is an appeal by the defendant from a judgment convicting him of murder in the first degree, on which appeal we review an order denying the defendant a new trial.

The first alleged error argued by appellant is the giving of a certain instruction upon the question of an alibi which was sought to be proved by defendant. Our Criminal Practice Act provides, in section 354, that a new trial shall be granted, among other reasons: “5. When the court has misdirected the jury in a material matter of law.” The method of making an application for new trial is set out in sections 355 and 356 oí the…