BARTON v. STATE

No. 29,752.

240 Ind. 257 (1960)

163 N.E.2d 600

BARTON v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed January 20, 1960.


Attorney(s) appearing for the Case

Perry W. Cross, of Muncie, for appellant.

Edwin K. Steers, Attorney General, Owen S. Boling, Assistant Attorney General, and Harriette Bailey Conn, Deputy Attorney General, for appellee.


ARTERBURN, C.J.

There is only one question presented in this appeal, all others being waived. The point presented is the first ground in appellant's motion for a new trial which is supported by affidavit and which reads in part as follows:

"3. That the court, while in the course of reading Instruction No. 8, read the second paragraph in the following manner: `It is your duty to reconcile the evidence in this case upon the theory that the defendant is guilty...

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