Clark v. State

The appeal is from a judgment of conviction of murder in the second degree, with punishment fixed at 50 years’ imprisonment.

The evidence for the state tended to show that deceased, Morgan, was killed under circumstances constituting murder in the first degree, while that of the defendant tended to establish the theory that the sfiooting was in self-defense.

Tire argument of counsel for appellant is first directed to the action of the court in overruling defendant’s motion for a new trial and the several grounds there-9f. The state insists, however, that the matters presented in said motion are…