Daugherty v. State

TERRELL, J.:

Appellant was indicted in Bradford County and tried for murder in the first degree, he was convicted of murder in the second degree and sentenced to thirty years in the state penitentiary at hard labor. He contends on appeal that he should be relieved of that judgment.

The appellant was a young man twenty-one years of age and in company with his brother went to the store of the deceased, Dan Moore, late at night, November 21, 1942, for the alleged purpose of purchasing some groceries. He (appellant) had been drinking and as soon as he entered the store a controversy arose between…