Baker v. State

— The plaintiff in error, Ed Baker, was indicted for the murder of Will Hutchins in the circuit court for Clay county. When arraigned he entered a plea of not guilty. Upon the trial the jury returned a verdict of murder in the first degree. A motion for new trial was made upon the grounds that the verdict is (1)'contrary to law; (2) contrary to the evidence; (3) contrary to the weight of the evidence; (4) contrary to the charge of the court. “5. The jury failed to distinguish and separate the testimony showing the assault upon Will Benson and the testimony as to the shooting of the deceased…