Phillips v. State

Clark, Judge.

Mystery murder mistrialed. Although our approach may be unorthodox, we use those three words as an appropriate basis for our consideration of this appeal in which a husband and his male friend were indicted for having caused the wife’s death by use of "a substance containing deadly poisons and arsenic.” (R. 4). At the conclusion of the state’s evidence defendants moved for a directed verdict of acquittal which was overruled. Thereafter, as provided in Code Ann. § 27-1802 (b), the defense evidence was presented, followed by arguments from counsel and the charge to the jury from…