Smith v. State

The appellant was indicted by the grand jury of Marion county for murder in the first degree. Upon arraignment, he entered a plea of not guilty. The jury found that he was guilty of murder in the second degree and that he should be imprisoned in the Indiana State Prison during life. He has ap pealed from the judgment rendered on the verdict and has assigned as error that the court erred in overruling his motion for a néw trial.

From the evidence of the state in the criminal court, the following appears: John Smith, the appellant, had a place at 520 Agnes street in the city of Indianapolis…