Sherod v. State

WALKER, Presiding Judge.

OPINION

From his conviction of murder in the second degree with an automobile and sentence to ten years’ imprisonment, Fred Edward Sherod, the defendant, appeals in error. His appellate counsel are different *862from his trial counsel. Throughout the proceedings he has had retained counsel.

By his first assignment of error, Sherod says the murder conviction should be set aside because the indictment did not charge that he killed the deceased with malice aforethought. This question is raised in this court for the first time.

The indictment charges that the defendant did…