Hembree v. State

The indictment in this case charged murder in the first degree. The defendant was convicted of murder in the second degree. Pleas of not guilty, and not guilty by reason of insanity, were interposed.

The evidence for the state tended to show that defendant shot and killed deceased on a Friday evening about sundown, while the latter was tying up fodder in the cornfield; there being no eyewitness to the killing other than defendant. There was evidence both on behalf of the state and the defendant of a previous difficulty between deceased and defendant, as well as between deceased and the…