State v. Dortch

These two appeals were argued together. In the first Dortch appeals from his conviction of first degree murder. He assigns error in the denial of his motion to set aside the verdict, in the charge and in rulings made upon the trial. In the second he appeals from a judgment entered for the state on the sustaining of a demurrer to his petition for a new trial. The denial of the motion to set aside the verdict will be considered first.

The statement of facts in the state’s brief is a fair recital of the facts which the jury reasonably could have found. It is, in substance, as follows: Dortch had…