State v. Gilbert

Ross Martin Gilbert was charged with shooting one Edward Butler while committing a felony, second-degree assault. The jury found him guilty of second-degree murder and also made a finding that he was armed with a deadly weapon at the time the offense was committed. Gilbert appeals and makes two assignments of error.

Appellant’s first assignment of error is directed to instruction 10 which states:

You are instructed that in the trial of a person for committing or attempting to commit a crime of violence, the fact that he was armed with a pistol and had no license to carry the same shall he prima…