Greening

By indictment defendant and one Mary Suggs were charged with the murder of Charles Quinn. Upon a separate trial, the jury convicted defendant of murder in the first degree, recommending that his punishment be fixed at imprisonment for life. Judgment followed in accordance with this recommendation, from which, and an order denying his motion for a new trial, he appeals.

It was admitted upon trial that defendant shot and killed Quinn, and it is conceded the evidence was sufficient to justify the verdict rendered.

The grounds upon which counsel ask for a reversal are: 1. That the court abused its discretion in not excepting Mary Suggs from an order excluding witnesses from the trial save when called to testify; 2. The district attorney having waived his right to make an opening statement to the jury before introducing evidence on behalf of the prosecution, the defendant’s attorney asked leave to make an opening statement on behalf of defendant before the introduction of such evidence. The court denied him the privilege of so doing, and this ruling is assigned as abuse of discretion on the part of the court; and, .3. Erroneous rulings of the court in permitting the district attorney…