Gulledge v. State

BROWN, Justice.

The appellant was indicted for the murder of Carter Smith, the indictment charging murder in the first degree. On arraignment he pleaded “not guilty” and “not guilty by reason of insanity.” The trial resulted in his conviction of murder in the second degree and a sentence for a term of twenty-five years in the penitentiary.

The evidence offered by the state goes to show that on Sunday evening, May 27, 1934, the deceased, Carter Smith, 75 years of age, had gone to the home of his daughter, procured a jar of milk, and was returning to his home along the public highway, where he…