Carroll Alias Wilson v. State

Thomas, J. —

The plaintiff in error, Marlin Carroll, was charged with murder in the first degree, namely: that he killed one Emma Dell McFarland unlawfully and from a premeditated design to effect her death.

The jury found him guilty of murder in the second degree, viz.: that the death was the result of an act on his part eminently dangerous and evincing a depraved mind regardless of human life. He seeks a reversal of the judgment on the theory that if the testimony of the State was true he should have been found guilty of the charge appearing in the indictment.

By decisions of this Court early,…