Levells v. State

Harrison, J.:

Jacob Levells was tried in the Pulaski Circuit Court for the murder of Robert Swan. He was found guilty of murder in the first degree. He filed a motion for a new trial; his motion was ''overruled, and he was sentenced to be hanged. He prayed and obtained an appeal to this court.

The indictment contained two counts, which charged the offense to have been committed by shooting, with a shot gun, and were substantially the same.

The evidence on the part of the State was, in substance, as follows:

Robert Carden testified : That the defendant lived with him on the Baldwin place in…