Hogan v. State

LEIGH-M. CLARK, Supernumerary Circuit Judge.

The crime charged was murder in the first degree of Larry King by shooting him with a rifle. Appellant was found guilty of murder in the second degree and sentenced to fifteen years imprisonment in the penitentiary. Defendant had pleaded not guilty and not guilty by reason of insanity.

The evidence abundantly, and almost conclusively, shows that defendant killed King by shooting him with defendant’s rifle at close range, firing the rifle three or four times, and that two bullets struck him, one entering his head and the other his right shoulder,…