Rooks v. State

With one exception, we find no error in any of the rulings of the trial court, of which complaint is made. The judgment overruling the motion for a new trial is reversed solely because of a charge of the court which is in the abstract perfectly sound, but which, in our opinion, was not adjusted to the evidence, and the tendency of which, under all the circumstances, was necessarily prejudicial to the accused. The evidence in the record as to the immediate circumstances of the tragedy under investigation is very confused, and leaves much to conjecture. It appears that on the night of the…