Walding v. State

Appellant, with his. stepfather, Ben Smith, was alleged to have been involved in a fight with Arthur Kelley and Amos Wind-ham, in which fight both Windham and Kelley were killed.

Appellant was tried under an indictment charging the offense of murder in the first degree; the said indictment charging, in substance, ' that he “unlawfully, and with malice aforethought killed Arthur Kelley, by shooting him with a gun or pistol,” etc. He was convicted of the offense of murder in the second degree, and given a sentence to serve imprisonment in the penitentiary for a term of ten years.

Ben Smith had…