State v. Emery

Defendant was indicted for murdering Harry W. Brown by striking him with an iron pipe. He entered a plea of not guilty. The jury returned a verdict of guilty and feed the penalty at life imprisonment. Defendant filed a motion for new trial, asserting but two grounds therefor, to wit:

“1. That the verdict is not sustained by the evidence in that the State failed to produce sufficient evidence which would convince the ordinary man or woman beyond a reasonable doubt that the defendant had committed the crime as charged.

“2. That the verdict is contrary to law in that the State failed to prove…