Bauer v. State

Plaintiff in error was convicted of murder in the second degree on trial under an indictment charging murder in the first degree.

It was alleged and proved that the homicide was committed with a shotgun. The evidence showed that the gun was loaded with No. 4 shot. The accused shot four times* The shot which caused death penetrated the kidney of the deceased. The evidence showed that deceased was in a boat in the night time and the boat was moving away from the accused at the time the shots were fired. It is not necessary to discuss at length the evidence.

The plaintiff in error contends that…