
    Bell v. The State.
    Argued June 21,
    Decided July 12, 1904.
    Indictment for murder. Before Judge Felton. Houstou superior court. June 6,1904.
   Simmons, C. J.

1. Where the court has charged the jury that in order to convict one accused of crime they must believe from the testimony beyond a reasonable doubt that he is guilty, a new trial, will not he granted because the court prefaced a later portion of the charge with the words, “If you believe,” without adding “from the evidence.” No intelligent jury could have been misled by the omission. See 1 Blashfield’s Instr. to Juries, § 79.

2. Taken in connection with the entire charge, there was no material error in any of the charges of which complaint is made ; the evidence authorized the verdict; and the court did not abuse its discretion in refusing a new trial.

Judgment affirmed.

All the Justices concur.

Boss & Grace, J. P. Dioncan, and B. E. Brown, for plaintiff in error. John G. Hart, aitorney-general, William Brunson, solicitor-general, and John B. Gooper, contra.  