Indiana Supreme Court December 17, 1908, No. 21,265 (Duncan v. State)

Montgomery, J.

Appellant was convicted of murder in the second degree, and assigns error upon the overruling of his motion for a new. trial. The motion for a new trial was predicated upon the giving of improper instructions, the refusal to give instructions at the request of appellant, and the erroneous admission and exclusion of evidence

1. *4472.