Harper v. State

Jack Harper’s appeal is from a conviction of second-degree murder based on a first-degree murder indictment charging him with having so murdered Bill Simmons. A number of errors are assigned.

Mr. and Mrs. Simmons arrived at the home of defendant for a social visit in the afternoon of the Sunday that Mr. Simmons was shot in the home of Harper. In the forenoon of this Sunday Harper had consumed some whiskey and was asleep at the time the Simmons arrived. Some time after their arrival Simmons and Harper procured a pint of white whiskey. It was consumed in the course of time by Harper and, to some…