Sparks v. State

— This is a prosecution by the State of Indiana against the appellant, Donald Hurcle Sparks, for the alleged offense of murder in the first degree. He pleaded not guilty and after a trial by the court, was found guilty of murder in the second degree.

The main contention here is that the State failed to prove the appellant guilty of malice as a necessary element of the offense of which the appellant was found guilty. For that purpose, we must review the evidence, guided by the principle that on appeal we may consider only the evidence most favorable to the support of the trial court’s judgment.…