Henderson v. State

Head, Justice.

1. In ground 1 of the_ amended motion for new trial it is contended that the court erred in failing to charge the jury, without request, on the law of circumstantial evidence as set forth in Code §§ 38-102 and 38-109. It is insisted that all of the evidence adduced on the trial was circumstantial, and that it was mandatory on the court to charge the law of circumstantial evidence.

The witness Joe Beedles testified that he lived in the same apartment building with the defendant and the deceased, and that at about 1:30 or 2 o’clock in the morning, after the deceased had been…