State v. Harris

— The defendant was convicted of the crime of murder in the first degree, and was sentenced to confinement *61in the penitentiary for his natural life. He has appealed from that judgment.

The cause was tried to the court and a jury. After the evidence of the state was submitted to the jury, no defense was attempted by the defendant as to the killing of James Hammond, as alleged in the information. Counsel for the defendant, at the close of the state’s evidence, admitted the killing, but stated it was done without malice or premeditation ; that the killing was done by the defendant when he was…