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Also the said charge and instructions of
the Court so given upon its own motion
is erroneous because it does not pretend
to separate the facts from the law-
nor can it be derived from said charge
what portion is given as law and what
is given as a recital of the alleged facts
in said case-and the facts and law being
mixed and mingled as they are-makes
the said charge and each and every
part thereof defective, objectionable,
and eroneous-and the same taken as a whole
mislead the Jury, and tended to and did
prevent the Defendant from having a fair
trial in said cause.

Wm. W. Bishop
J. C. Foster and
Wells Spicer
Attorneys for
John D. Lee, Defendant