Rochester v. State

Caneler, Presiding Justice.

Burnell P. Rochester was indicted in Haralson County for the murder of Alice H. Helton. The indictment alleges that he killed her by shooting her with a .38 caliber pistol. He was convicted of that offense and sentenced to life imprisonment. He moved for a new trial *452on the usual general grounds and later amended his motion by adding other grounds. He excepted to a judgment overruling his amended motion. Held:

1. The general grounds of the motion for new trial are not meritorious since the jury was authorized to find from the evidence that the accused, while drinking,…