Swain v. State

1. The plaintiff in error was tried for the offense of murder, it being alleged in the indictment that he killed J. Walter Johnson on December 16, 1924, by shooting him with a pistol.- The defendant was found guilty, without recommendation. He made a motion for a new trial, which was overruled. He excepted upon various grounds hereinafter stated. Without recapitulation of the evidence, which has been carefully considered, it can not be held that the evidence in behalf of the prosecution is insufficient to authorize the conviction of the accused; though there was testimony in behalf of the…