Smith v. State

A jury, by its verdict, found appellant guilty of murder in the first degree, and that he be imprisoned during life. The appeal from the judgment upon the verdict is founded upon the alleged error by the trial court, overruling the motion for a new trial.

The evidence sufficient to present the errors complained of, is: That appellant with his wife resided upon their farm in Marshall county, Indiana. Appellant’s maternal grandmother, Frances C. Sweet, resided with them. March 2, 1922, at 1 o’clock p.m., appellant’s wife went to Culver, Indiana, to visit her sister, leaving appellant and Mrs.…