McCullars v. State

The defendant, Charles Mc-Cullars, was indicted and tried for killing Worley Loudermilk, under circumstances constituting murder in the first degree; he was convicted by the jury of murder in the second degree, and his punishment was fixed by them at 21 years imprisonment in the penitentiary; and from the judgment and sentence of the court, the defendant appeals.

The record presents two questions for the consideration of the court. They are the only ones argued and insisted on by appellant, and, after reading the entire record, we think they are the only ones necessary for us to treat in this…