Smith v. State

Upon an indictment charging murder in the first degree Smith was convicted of murder in the second degree and took writ of error.

The only assignment here is that the verdict is not sustained by the evidence, the contention being that the evidence shows an accidental homicide.

An appellate court should not grant a new trial upon the ground of the insufficiency of the evidence'to sustain a verdict of guilty affirmed by the trial court if there is some substantial evidence of all the facts legally essential to support the verdict, and the whole evidence is such that the verdict may fairly have…