Smith v. State

McFaelaNd, J.,

delivered tbe opinion of tlie court:

The prisoner was convicted of murder in the first degree, and sentenced to be hanged. The fact that Chaney Long was murdered is fully established by the proof. There is no direct testimony that the prisoner is the person guilty of the murder; his guilt was established to the satisfaction of the jury, by circumstances not necessary to be stated. The charge of the judge below, otherwise unexceptional, makes no reference to the rule for the government of the jury in determining the prisoner’s guilt upon circumstantial evidence. The prisoner’s…