189 Ind. 533 | Ind. | 1920
In the Knox Circuit Court appellant by affidavit was charged with the crime of arson. Acts 1905 p. 584, §2260 Burns 1914. To this affidavit appellant entered a plea of not guilty, and also a special
One of the remaining two assignments is waived, and the other is based on the action of the court in overruling his motion, for a new trial. This motion contains fifteen causes. In viéw of our conclusion as to one of these causes, it will be unnecessary for us to rule upon the others, for it is doubtful if they would again arise on a retrial.
Under this showing we hold that the court erred in refusing .to instruct the jury at the close of the opening argument for the state, as requested by counsel for defendant. §2136 Burns 1914, cl. 4, Acts 1909 p. 257.