State v. Truskett

The opinion of the court was delivered by

Benson, J.:

The appellant, A. A. Truskett, was convicted of murder in the second degree, in killing J. D. S. Neely, at Caney, on January 7, 1911. The grounds of appeal are: that the information was defective; that a motion for a continuance was improperly refused; that several jurors were incompetent; and that erroneous, rulings were made respecting evidence and in giving and refusing instructions.

The information was direct and certain, and the offense was clearly charged as required by the criminal code. (Crim. Code, §§ 104, 109.) The criticism is that…