170 Ind. 630 | Ind. | 1908
This appeal is prosecuted from a judgment convicting appellant of murder in the first degree, and the only error assigned is in overruling his motion for a new trial. The grounds of the motion for a new trial were that the finding of the court is not sustained by sufficient evidence and is contrary to law, and that new evidence material to the defense had been discovered.
The gist of this statement is that shortly before his death the deceased was in a saloon intoxicated, exhibiting a revolver and threatening to kill the whole Williams family. There was other evidence that Leigh was intoxicated, that
The theory of the State was that Jonah, Minerva and Wesley Williams conspired to kill Leigh. The disposition of Jonah appears from this record much less vicious than that of his wife and son, and it may be that his will and action were to some extent dominated and controlled by the revengeful and savage spirit of his wife, but, in our opinion, the evidence is sufficient to sustain the theory of the State and to uphold the finding and judgment convicting appellant of murder in the first degree. No error appears in overruling appellant’s motion for a new trial.
The judgment is affirmed.