State v. Sully

The opinion of the court was delivered by

Harman, C.:

Appellant James B. Sully was convicted by a jury of the offense of second degree murder. He was sentenced under the habitual criminal act and now appeals.

Appellant and a codefendant, John Wayne Hensley, were charged jointly with the first degree murder of one Jerome T. Halloran, and were tried together. Appellant does not challenge the sufficiency of the state’s evidence, with the result the record on appeal is lacking in the facts of the homicide.

In their briefs the parties supply some of the particulars of the incident, none of which has…