Smith v. State

The defendant was convicted of the offense of larceny from the house. A motion for a new trial was made, which was overruled, and he excepted. The grounds of the motion (in addition to the usual and formal complaint that the verdict was contrary to law and the evidence) were: (1) the admission in evidence of certain confessions of the accused under circumstances detailed in the record; (2) error in charging the probative value of a confession without calling the attention of the jury to the fact that they were first to determine whether a confession had been made; and (3) error in failing to…