Taylor v. State

Dempsy Taylor and Jesse Taylor were indicted for the murder of Shade Conger. The former was placed on trial alone. He was found guilty, with a recommendation to mercy. He moved for a new trial, the motion was overruled, and he excepted. The motion for a new trial contained twenty-eight grounds, but only.two or three of them are of such a character as to require discussion.

1. Some of the grounds complained that the court, referring to the evidence, informed the jury that they must inquire from the evidence, “which of course must control you in your verdict,” whether or not at the time when the…