Matthews v. State

This is a case depending entirely upon cit-chmstantial evidence. The court did not givé an instruction with reference to circumstantial evidence, neither was such an instruction requested by counsel for appellant. Wé think that an instruction upon circumstantial evidence should have been given. But as no exception was reserved to the action of the trial court in failing to give such an instruction, we cannot reverse the conviction upon this ground. But upon an examination of the en tire testimony we are not satisfied that the circumstances proven are of such a conclusive character as to…