Walters

The defendant was charged with the murder of one Ira Wall, and was convicted of murder in the second degree. On the trial in the superior court evidence was admitted over the defendant’s objection to the effect that at the time of the homicide, Ira Wall and his mother were together, and immediately after shooting and killing Ira Wall with one barrel of his shot-gun the defendant fired with the other barrel upon Mrs. Wall and wounded her.

Before judgment the defendant moved for a new trial upon the following grounds: “1. That the court has misdirected the jury in matters of law, and has erred in the decisions of questions of law arising during the course of the trial. 2. That the verdict is contrary to the law. 3. That said verdict is contrary to the evidence.”

After argument the court made and entered the following order: “Defendant’s motion for a new trial, heretofore submitted, is granted upon the ground that court erred in admitting evidence regarding the shooting of Mrs. Wall, and on that ground only, and denied as to the other grounds of said motion, and the prosecution excepts.”

From this order the People appeal, contending that the several rulings of the court admitting…