Welty v. State

Appellant was prosecuted upon indictment returned by the grand jury of Howard County, Indiana, for the alleged murder of one Edwards, and was convicted of murder in the second degree, and imprisoned for life. The indictment was in four counts, a motion to quash the *415fourth of which was sustained, and the errors assigned and not waived are, in overruling appellant’s motion for a new trial. The questions presented arise principally upon instructions given, and instructions requested and refused. In the order of presentation, instruction No. 26a is as follows : “If homicide be committed in a…