Pitts v. State

Atkinson, Justice.

(After stating the foregoing facts.) This case was assigned to the writer to present the opinion of the majority of the court. It does not, in some respects, represent the writer’s opinion, as will appear in a dissent that follows.

While the evidence is wholly circumstantial, there is some evidence to authorize the verdict, and the trial judge having approved the same, there was no error in overruling the motion for new trial on the general grounds.

The first special ground is as follows: “Movant should have a new trial because the court erred in failing to charge the jury on…