State v. Herrera

The defendant was indicted for first-degree murder. The jury found him guilty of second-degree murder. He appeals.

The defendant was accused of killing Frankie Long, a twenty-three-month-old boy, by kicking him to death. Franlde Long was the child of Franldin Long and Lorene Long. The defendant had been acquainted with Lorene Long before her marriage to Mr. Long. The defendant’s relationship with Lorene was interrupted when the defendant pleaded guilty to the crime of contributing to the delinquency of a minor and was sent to the state penitentiary. Lorene, as the minor in that case, was…