Sutherlin v. State

The appellant was charged, in an indictment of three counts, with the offense of murder *697in the first degree. He was convicted, upon the second count, of murder, in the second degree, and his punishment adjudged at imprisonment for life.

The second is the only count in the indictment the sufficiency of which is raised by the record, and it charged that at the county of Starke, on the 16th day of November, 1896, the appellant “did then and there unlawfully, feloniously, purposely and with premeditated malice, kill and murder one William E. B. Fetters, * * * by then and there unlawfully,…