State v. . Capps

The defendant was indicted in the court below for the murder of Augustus Tuten, and having been convicted of murder in the second degree appealed to this Court.

The evidence tended to show that the deceased, who was a boy seven years old, lived with his grandmother, Mary McCulloch, whose house was about thirty or forty yards from the home of the defendant. The house had only one room, and at the time of the homicide there were in this room Mary McCulloch, her three daughters, Georgia, Florence and Annie, and the little boy, who was killed by the defendant some time in the afternoon between 4…