Sullivan v. State

Louis Sullivan was charged by indictment with murder in the second degree in the killing of Hillard Johnston, Jr., alias "Junior" Johnston, by shooting him with a .32 caliber pistol. The jury found the appellant guilty of murder in the second degree and the trial court sentenced him to ten years imprisonment.

The appellant filed motions for new trial and to set aside the verdict of the jury. The motions were overruled, following a hearing thereon. This appeal followed.

Norman Weaver, a neighbor of the deceased, and a first cousin of the appellant, testified the deceased was at his home in…