McClendon v. State

TYSON, Judge.

The appellant was indicted for the first degree murder of Earl Wherry “by shooting him with a pistol.” At trial the Jury found the appellant guilty of murder in the second degree and fixed punishment at seventeen years imprisonment. The trial court then pronounced judgment, setting sentence in accordance with this verdict.

Vann Pruitt, Jr. testified that he was State Toxicologist and received notice, on February 16, 1974, of the death of Earl Wherry. He testified that he examined this body on February 17, and found three separate gunshot wounds in the body from .22 caliber…