Durham v. State

The defendant was convicted of murder in the killing of his brother, and was recommended to life imprisonment. The evidence authorized the inference that the defendant killed the deceased while he was shooting at another without justification or mitigation, or while he was shooting recklessly, and without fegard to human life, into a crowd. The verdict was amply supported by the evidence.

“Where the court provisionally admits evidence on the promise of the' State’s counsel that he will subsequently connect the same and show its relevancy, it is not for the judge on his own motion to determine…