Colbaugh v. State

Defendant appeals from conviction of murder in the second degree and punishment of ten years and one day in the penitentiary.

The record presents defendant’s trial on three indictments charging him with: (1) Carrying a pistol, (2) assault with intent to kill, and (3) murder. The. jury found him guilty on all three charges. He has not appealed the judgment in the pistol case and has been granted a new trial in the case charging him with felonious assault, so our review on this appeal is limited to the conviction of murder.

The killing, which defendant admits, occurred on the night of the 31st of…