Uptain v. State

CARR, Presiding Judge.

The accused, Norman Uptain, was indicted for the offense of murder in the first degree. To the indictment he interposed a plea of not guilty and a special plea of not guilty by reason of insanity.

The jury found the defendant guilty of murder in the second degree and fixed the punishment at seventeen years in the state penitentiary.

According to the State’s evidence five men, including the defendant and the deceased, Henry Amos, were riding in an automobile. Each of the persons was drinking excessively. Without any legal excuse or justification the defendant reached over…