Henderson v. State

Wyatt, Justice.

When this case was first here, it was held that the fact that the jury was “authorized to find that, on the night of the killing, the defendant owned the pistol from which the bullets were fired that killed the deceased,” was not sufficient to authorize a conviction. In that case, Justice Almand, writing for the court, points out very clearly why the evidence adduced upon the trial was not legally sufficient to sustain the verdict of guilty.

In the instant case, the evidence was substantially the same as in that case, with the additional circumstance that the defendant had at…