Smith v. Commonwealth

Opinion of the Court by

Judge Rees

Affirming.

James Smith has been convicted of the crime of murder, and his punishment fixed at death.

In his motion for a new trial he relied upon three grounds, viz.: (1) Because the court did not properly instruct the jury; (2) because the verdict was flagrantly against the evidence; (3) because the special commonwealth’s attorney addressed the jury in a manner calculated to inflame their passtion and arouse their prejudice.

On this appeal, grounds-1 and 3 have been expressly abandoned, it being conceded that correct instructions were given and that the argument…