Mills v. State

Grice, Justice.

The accused was thrice arraigned for the murder of his wife. The first time there was a mistrial, the jury being *619unable to agree. The second trial resulted in a verdict of guilty, with a recommendation, which on motion was set aside by the trial judge. This writ of error was sued out when, the defendant having been again convicted with a recommendation, the judge refused to set aside the verdict. In his judgment denying the motion the judge at some length reviews the evidence, and among other things says: “The evidence is wholly circumstantial. There is no positive evidence as…