Blackwell v. State

Speer, Justice.

The plaintiff in-error was indicted for the offence of murder. On arraignment and trial had, the jury found him guilty, and the sentence of death was pronounced against him. During the term of the court a motion for a new trial (subsequently amended) was made on various *77grounds, as set forth in the record, which was overruled by the court, and defendant below excepted.

The evidence upon which the defendant was convicted was zuholly and entirely circumstantial.

The third ground of the motion for new trial was as follows:

“ Because the court erred in ordering and directing the…