State v. . Ellison

The principal assignment of error brought forward in defendant’s appeal relates to the judge’s charge to the jury. The instruction of which he complains was bottomed upon the view that the defendant had admitted that he killed the deceased with a deadly weapon. The judge so stated to the jury, and instructed them to consider the ease from the standpoint of such admission as constituting a predetermined fact. If the court correctly interpreted the testimony of the defendant, the exception is without merit.

The defendant testified on the stand that he fired .three shots with a shotgun loaded…