Fountain v. State

Almand, Justice.

Ralph Fountain, under an indictment charging him with the murder of William Hansel Smith by shooting him with a pistol, was tried and found guilty of murder with a recommendation to mercy, and was sentenced to life imprisonment. His motion for a new trial as amended was overruled, and the case is here on exceptions to that ruling.

The court charged the jury a part of Code § 38-107, as follows: “In considering this case, the jury may consider all the facts and circumstances of the case, the witnesses’ manner of *145testifying, their means and opportunity for knowing the facts to…