McClendon v. State

TYSON, Judge.

Don McClendon was indicted for the first degree murder of Ina Murl Crossley Marshall “by shooting her with a pistol.” The jury found the appellant “guilty of murder in the second degree” and fixed punishment at imprisonment in the penitentiary for fifteen years. The trial court set sentence in accordance with this verdict.

At the close of the State’s evidence and also at the close of the rebuttal evidence for the State, the appellant moved for a directed verdict on the grounds the State failed to prove a prima facie case and also that the State failed to prove any evidence of…