Hayden v. State

Speer, Justice.

[It is necessary to state only the following, in connection with the above syllabus : “The court was requested to give in charge, a hypothesis based upon the statement of the prisoner. This he declined to do, on the ground that there was no evidence upon which' to base such charge ; but charged that the jury “should not discredit the sworn testimony in the case entirely, in order to believe the statement in preference thereto.”]