Sutherland v. State

After conviction of murder, in the superior court of Floyd county, Sutherland moved for a new trial. His motion was overruled, and he excepted.

1. The court, after stating the statute law applicable to the statement of the prisoner, charged the jury as follows: “ Under these rules you will consider it [the prisoner’s statement] in connection with all the evidence in the case, in determining what the truth is and what your verdict ought to be.” The motion for new trial complained that this charge confused the statement with the evidence, and that it limited the consideration of the statement…