Cellars v. State

Ed. F. McFaddiN.

Mrs. Daisey E. Cellars was tried and convicted of the crime of mnrder in the second degree for the homicide of Ed Harris; and prosecutes this appeal. The motion for new trial contains 12 assignments which we group and discuss in topic headings.

I. Sufficiency of the Evidence. Assignments numbered 1, 2 and 3 present this issue. The evidence, viewed in the light most favorable to the State, 1 shows that Mr. and Mrs. Cellars operated a store and dance hall, known as “Cellars’ Place” on the Fordyce-Warren highway in Cleveland county. On the night of May 29, 1948, Ed Harris, James…