Duke v. State

STAKELY, Justice.

Dwight Duke, the appellant, was tried under an indictment charging him with the offense of first-degree murder. Upon his trial he was found guilty of murder in the second degree and his punishment was fixed by the jury at 25 years in the state penitentiary. On the trial he denied the offense entirely and offered an alibi. A motion for new trial was denied. From the foregoing judgment and sentence the appellant brings an appeal to this court.

The evidence presented by the state tended to show the following. On the night of December 31, 1950, J. F. Giles and his wife Media Floy…