Harris v. State

Frank Holt, Justice.

Appellant was convicted by a jury of murder in the second degree and his punishment assessed at ten years’ imprisonment and a fine of $5,000. Appellant first contends that the trial court erred in submitting the case to the jury on a higher form of homicide than manslaughter or negligent homicide and in not directing a verdict in his favor on the higher form of homicide because there was no substantial evidence to support the jury’s verdict. Appellant argues that to constitute murder in the second degree, as defined by Ark. Stat. Ann. § 41-1503 (1) (b) (Repl. 1977), there…