Fuller v. State

Grice, Justice.

Ernest Fuller was convicted of murder, and to the overruling of his motion for new trial he excepted. ' The theory of the State was that he planned the killing of Harris Jones in order to rob him. The evidence introduced in behalf of the prosecution, although circumstantial, tended to prove the guilt of the accused, while the statement of the prisoner, and testimony offered by him, if either were accepted by the jury, were sufficient to have established his innocence.

Ground 4 of the motion complains that the court refused, on motion, to declare a mistrial because the…