Sullivan v. State

Wood, J.-

Appellant was convicted .in the .'Miller .Circuit Court ón an- indictment which correctly charged him with the crime of murder in- the first degree in the -killing of one John Gibson. He was found guilty- by the jury of the crime of murder in the first degree, and-his punishment fixed- at life imprisonment in the- State Penitentiary.

Prom a'judgment sentencing the appellant according to the verdict, he prosecutes this appeal.

The testimony of H. L. Burton, for the State, was substantially as follows:

The witness was with Gibson, the deceased, on December 25, -1925, from about 12 o’clock…