Done v. State

L. A. Smith, Sr., J.,

delivered the opinion of the court.

Appellant was indicted by the grand jury of Sunflower County for the murder of his wife, Bertha. The jury brought in a verdict of guilty, but disagreed as to the punishment, wereupon he was sentenced to the penitentiary for life.

Appellant then filed a motion for a new trial on several grounds, among them: ‘ ‘ The court erred in overruling the motion of the defendant to exclude the whole evidence when the state and defendant had rested, such evidence not showing guilt of the defendant beyond a reasonable doubt;” and, also, tbe additional…