Ware v. State

Atkinson, Justice.

I. The defendant was indicted for the offense of murder. The indictment contained two counts, one alleging that the murder was committed by burning up the dwelling-house of the deceased and killing her in the commisson of the arson, and the other count alleging that the homicide was committed with an ax. Upon the trial of the case, the testimony was purely circumstantial, consisting almost exclusively of tracks, and this latter class of testimony was the only character of evidence relied upon to convict the defendant of the commission of the homicide. Upon the trial of the…