State v. McNeil

OPINION

By the Court,

Thomas F. Moran, District Judge:

The various assignments of error relied upon by the appellant will appear as we take them up in our discussion of the case.

One of the points that has been well briefed and earnestly argued in this court by appellant is assignment No. 3; that is to say, the alleged error of the trial court in refusing to give defendant’s proposed instruction F to the jury. The instruction in questions reads as follows: “You are instructed that if the person accused use a weapon designed to be deadly and use it in such a manner in which such weapon is…