Smith v. State

Craweord, Justice.

"Wiley Smith was indicted for the offense of arson and found guilty; he moved for a new trial, which the court refused, and he excepted.

The grounds on which the defendant rested his motion for a new trial were:(1) . Because the verdict was contrary to law, contrary to evidence, and without evidence to support it.(2) . Because the charge of the court was based upon a hypothesis founded on the circumstances narrated in the evidence on the side of guilt, and not in also giving in charge that the circumstances, if consistent with his innocence, should- be construed in his favor.

*606(…