Fink v. State

Several errors are urged why this judg-* ment should be reversed. One is an error of law, and it is argued that, inasmuch as this man’s testimony was to the effect that he thought himself in danger, had large sums of money about,him, and had been held up a week before, and inasmuch as that was not rebutted by the state in testimony addressed to that proposition, he was 'entitled, as a matter of law, to his release and a verdict of not guilty should have been found for him.

We cannot quite accede to that proposition. In our judgment, the case simply comes down to a question of the weight of the…