Burke v. State

1. In ground four of the motion for new trial the defendant excepts to the following charge: “To the indictment returned against him, the defendant Emory. Burke has entered his plea of not guilty, and the allegations of the indictment on the one hand, and the pleas of not guilty of the defendant, on the other hand, form the issues which you have sworn that you would well and truly try, and a true verdict make according to the evidence.” The defendant contends that this charge was erroneous in that “it was prejudicial to Burke under the facts hereof, by stating ‘a true verdict make according…