State v. Clark

Miller, Judge:

The indictment charged defendant with the murder of T. P. Withrow. The jury found him not guilty of murder in-the first degree, but of murder in the second degree, as-charged; and the judgment was that he be confined in the penitentiary for the term of twelve years.

Nineteen alleged errors committed in his trial are assigned, but, in the brief of counsel, some are not discussed or seriously urged, although counsel say they believe they are *629entitled to the careful consideration of the Court. We have considered them all in passing to those specially relied upon.

First, as to the…