McDaniel v. State

HARRIS, Judge.

Under an indictment for murder in the first degree appellant was convicted of murder in the second degree and sentenced to thirty years in the penitentiary. He was represented by retained counsel who also represents him on appeal. At arraignment he pleaded not guilty.

There was no motion for a new trial and no request for the affirmative charge, but there was a motion to exclude the state’s evidence which puts us to a summary of the evidence.

According to the state’s evidence the deceased was shot three times in the back by appellant on the night of September 8, 1972, outside a…