People v. Barmore

Defendant was jury-convicted of murder in the second degree. His motion for new trial was denied. Sentence of life imprisonment followed. Upon leave granted defendant reviews and presents 5 questions, only 3 of which require discussion and decision.

First: Error of intemperate comment upon his testimony, by the trial judge, is urged and stressed by defendant. The connected instruction of which complaint is made appears in the appendix as follows :

“The undisputed evidence in this case is that the defendant gave this statement to the prosecuting attorney telling how he shot Peter Gorham; that…