Broughton v. State

Grice, Justice.

Robert Broughton was tried for murder, and convicted, with a recommendation. His motion for new trial was overruled, and he excepted. The brief of evidence was not brought to this court, the bill of exceptions reciting that “the plaintiff in error is quiescent in respect to the so-called general grounds.” He insists, however, on three special grounds of his motion.

The first complaint is that the judge permitted the jury, on their retirement immediately following his charge, to take with them the indictment, he having charged them: “You will have this indictment out with you,…