Yarbrough v. State

March 16, 1943, appellant, Charles Yarbrough, a Negro, was charged with the crime of murder in the first degree, alleged to have been committed February 21, 1943, when he shot and killed Hosea Smith, another Negro. "Upon a trial, he was found guilty of murder in the second degree, and the jury assessed his punishment at five years in the state penitentiary. From the judgment -comes this appeal.

For reversal, appellant contends: (1) that “The evidence is insufficient to show that the gunshot wound caused the death of the deceased.” (2) “There was no sufficient evidence of second degree murder.”…