Worden

The information charges the defendant, together with several other persons, with the murder of one Samuel 0. Clark; and he was convicted of murder in the first degree, with the death penalty attached. ITe appeals from the judgment and from an order denying his motion for a new trial.

The bill of exceptions, which forms part of the transcript, contains a full statement of the evidence given at the trial; but the evidence seems to have been brought here mainly for the purpose of pointing certain exceptions taken to instructions given the jury by the trial judge, for the point is not made that the evidence does not sustain the verdict. Moreover, the record shows that only three exceptions were taken to rulings of the *571 court on the admissibility of evidence; and only one of these exceptions is presented or mentioned in appellant’s briefs. The whole strength and stress of appellant’s argument is upon asserted errors committed by the judge of the court below in charging the jury.

We have carefully examined all the instructions given; and, considering them as a whole, we see nothing in them erroneous or prejudicial to the appellant. The appellant presented eleven written…