Collins v. State

Simmons, Justice.

Stephen Custer and Rufus Collins were indicted for murder. There were two counts in the indictment. The first count charged them both as principals; the second charged Custer as principal and Collins as accessory before the fact. They severed on the trial, and Collins was tried first and convicted on the first count. He made a motion for a new trial, which was overruled.

*3481. One of the grounds of the motion relied upon for reversal of the judgment of the court below in refusing to grant a new trial, was, “ that the evidence in said case was not sufficient to authorize his…