Smith v. State

Smith was indicted for the murder of one Gus Johnson, convicted and sentenced to the state penitentiary for life, the jury disagreeing as to the punishment. Smith appeals. He assigns as errors (1) the refusal of the court to grant his request for a peremptory instruction for insufficiency of proof to show his guilt, (2) the granting of a certain instruction to the state, and (3) the erroneous admission on behalf of the state of evidence of statements made by Smith’s wife as hereinafter set out.

The first assignment is not well taken. The proof is ample to support his conviction.

The instruction…