State v. . Levy

Criminal prosecution, tried upon an indictment charging the defendant with murder in the first degree. He was convicted of murder in the second degree, and appeals from the judgment pronounced thereon. The defendant was first tried at the March Special Term, 1923, before Judge Horton, but a mistrial was had at that term because of the inability of the jurors to agree on a verdict. It appeared in the progress of the trial that W. C. Callahan, a deputy sheriff of Cumberland County, was shot on the morning of 24 February, 1923, and died about 4 o'clock that afternoon while in the Highsmith…