State v. Toler

Fox, Judge:

On the second day of October, 1945, the defendant, Noah Toler, shot and killed one Johnny Abbott in Mingo County. Toler was indicted, in the circuit court of said county, for murder of the first degree, was tried on that charge, and convicted of murder of the second degree. His motion to set aside the verdict of the jury was overruled and judgment was entered, by which he was sentenced to a term of imprisonment in the penitentiary. To that judgement we granted this writ of error.

There are no substantial contradictions in the testimony as to what occurred at the time of the…