State v. Hayes

In an indictment filed in the Circuit Court of Butler County, defendant was charged with murder in the first degree for the killing of one Lester Mathis. A trial in Butler County resulted in a hung jury. A change of venue was then awarded to Ripley County, and a second trial also resulted in a hung jury. A third trial was had and the jury returned a verdict finding defendant guilty of murder in the second degree, and assessing his punishment at ten years' imprisonment in the penitentiary. From the judgment entered on the verdict, defendant appealed.

Defendant testified and admitted that he…