Newman v. State

Bupert Newman, appellant, was convicted of the murder of Cyrus Hood, and sentenced to the state penitentiary for life, the jury disagreeing as to the punishment. Prom that verdict and judgment, this appeal was taken.

Appellant raises many questions on the appeal, the main one of which being his contention that his request for a peremptory instruction should have been granted by the lower court. Since we have concluded, after diligent study of the record, this instruction should have been granted, we pass only upon that contention.

Appellant admits he shot and killed Mr. Hood but he says he- did…