Smurr v. State

— The indictment returned by the grand jury against the appellant, in the court below, was in two counts, charging him in each with murder in the first degree.' The name of the deceased in the first count- was given as John Meyer; in the second as John Meyers; and this was the only difference in the counts. The appellant, on arraignment, entered the plea of “ not guilty.” There was a trial by jury,, resulting in a verdict of guilty ofimurder in the second degree,., and fixing the punishment at imprisonment in the State prison *505during life. Motions for a new trial and in arrest of judgment were…