Hicks v. State

The plaintiff in error, who will hereafter be referred to herein, as the defendant, was indicted, in the Circuit Court of Duval County on a charge of murder in the first degree. He was tried and convicted of murder in the second degree and sentenced to confinement at hard labor in the State penitentiary for the term of his natural life.

To review this sentence writ of error was taken from this court.

The State’s theory of the case was that the defendant, who was in the employ of the Seaboard Air Line Railway Company, shot from the top of a freight car, which was in a moving train, and killed…