State v. Baber

STOCKARD, Commissioner.

On December 4, 1954 the appellant, Willie Baber, shot and killed Edward Brown. A jury found that he was guilty of murder in the second degree and fixed his punishment at imprisonment in the penitentiary for twenty-five years. In his brief to this court appellant has presented twenty-five separate assignments of error.

Appellant contends that it was error to instruct the jury on second degree murder because there was no proof of premeditation. This calls for a statement of the facts.

Brown and appellant were sitting in the front seat and Charlie Haynes was sitting in the…