Steele v. State

TYSON, Judge.

The appellant was indicted for the first degree murder of one Clarence Baker by shooting him with a pistol. The jury found the appellant guilty of murder in the second degree and fixed punishment at ten years imprisonment. The trial court then entered judgment in accordance with this verdict, and thereafter overruled the appellant’s motion for a new trial following a hearing.

The toxicologist's report and the weapon used by the appellant in the homicide were stipulated into evidence. The toxicologist’s report indicated that the deceased, at the time of his death, had ethyl alcohol…