Patton v. State

BRICKEN, Presiding Judge.

The indictment in this case charged appellant, defendant below, with the offense of murder in the second degree, in that, he “unlawfully and with malice aforethought killed Ted Burton, by shooting him with a pistol, but without premeditation or.'deliberation,” etc. Upon arraignment, and before entering upon the trial, the defendant in answer to the indictment filed demurrer theretq, which demurrer was overruled, and properly so, by the court. The trial was had upon the plea of not guilty, and resulted in the conviction of the de- ' fendant of murder in the second…