Gachet v. State

This appellant was charged by indictment, and upon trial was convicted, for the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for a term of ten years. From the judgment of conviction, he appealed to this court.

Count 1 of the indictment, after demurrer thereto, was eliminated upon motion of the solicitor. The trial proceeded under the remaining count, which in effect charged the defendant with having unlawfully and with malice aforethought killed George Washington Robertson, alias, “by beating him, or by striking him, with a leather strap…