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Page 11

Plaintiff - Because the same were
contrary to and did not contain the law
applicable to this case - and tended to
and did confuse and mislead the jury
herein, to the detriment of this
defendant.

Ninth

The Court erred in giving the charge
and instructions to the Jury which it
did give upon its own motion -
Because the same did not correctly
state the law and tended to and did confuse
and mislead the Jury herein and prevent
the defendant from having a fair
and impartial trial herein.

(Second-) Tenth-

The Court erred in using the following language
in said charge to the Jury "You are, however, the
sole Judges of the facts and of the credibility of the
witnesses; and whatever I may say to you respecting
the facts, although I may assist you in the
consideration of the case, is not binding upon you."
For the reason that the Court in said words
assumes to assist the Jury in finding the facts
in said case and passing thereon -

Eleventh -

The Court erred in using the following language
That "John D. Lee, stands before you charged
with being a participant and leader in a most

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