Cathey v. State

This appeal by J. D. Cathey is from a conviction of second degree murder with maximum punishment fixed at confinement in the penitentiary for ten years and one day. The indictment alleges that Eugene Townsend is the name of the person who was killed.

One assignment of error is that the State has failed to establish the corpus delicti. The proof shows without contradiction that Cathey shot the man for whose homicide he was put on trial in this case under the indictment mentioned and that this man died at the *619hospital to which he was taken. There is no evidence that he was suffering from any…