State v. Wells

Although a number of errors are assigned, the only one commanding serious consideration relates to the omission of the trial court to give to the jury a “not guilty” form of verdict. The circumstances giving rise to such action of the court were as follows:

In the opening argument for the defense, Mr. Morris,' of counsel for the defendant, stated to the jury that the state had proven all the elements constituting the crime of murder in the first degree. While such statement does not appear in the formal record, it was so stated by counsel for defendant in oral argument in this court. Reference…