West v. State

LEIGH, M. CLARK, Supernumerary Circuit Judge.

Appellant was convicted of murder in the second-degree of Billy Dannelley on an indictment charging him with murder in the first degree. The jury fixed his punishment at twenty-five years imprisonment in the penitentiary, and he was sentenced accordingly.

The single issue between the parties as presented by their briefs on appeal is whether the trial court should be reversed for its submission to the jury of the question of the guilt or innocence of defendant, over iefendant’s protest, as made by his motion ^o exclude the evidence at the conclusion…