Anderson v. State

SIMPSON, Judge.

Upon an indictment charging first-degree murder, the appellant (defendant) was convicted of murder in the second degree and sentenced to ten years imprisonment. He allegedly killed one Matson by cutting him with a knife.

The evidence was in sharp conflict. According to the State’s evidence, as the deceased and his brother, Cap Matson, passed the house of Tomp Ealy (indicted as a codefendant, but not on trial in this proceeding), they were accosted by Ealy. Upon their going upon the porch of this house, Ealy “grabbed” deceased and called, “Here he is, come and get him”,…