Everett v. State

Appellant was convicted of murder in tlie second degree and Ms punishment assessed at ten years in the State Penitehtiary. The information charged that appellant murdered “Ralph Hedden by beating and kicking the said Ralph Hedden with his fists and feet,” etc. Prom the judgment is this appeal.

The motion for a new trial contains twelve assignments of alleged errors. We consider them in the order presented.

1, 2, 3, 5, 6,10 & 12

Assignments 1, 2, 3, 5, 6, 10 and 12, in effect, challenge the sufficiency of the evidence.

At about one p. m. on Sunday, September 7, 1947, appellant, Shelby Everett, and…