Clay v. State

HARPER, Judge.

Appellant was indicted, charged with murder in the first degree. Before announcing for trial the district attorney filed a written motion stating the evidence would not sustain murder in the first degree, and asked that appellant be placed on trial for no higher grade of offense than murder in the second degree, which motion was sustained by the court by order duly entered, when the court refused to order a special venire summoned, and required appellant to select a jury from the panel for the week. In this the court did not err. In Gentry v. State, 152 S. W. Rep., 635, we…