Vick v. State

On March 8, 1912, the grand jury of McLennan indicted appellant, charging that he unlawfully and with his implied malice killed and murdered E.M. Huckelberry by shooting him with a gun on January 3, 1912. The indictment charged only murder in the second degree. He was convicted for murder in the second degree and his penalty fixed at ten years in the penitentiary.

Appellant's main contention seems to be that the evidence is insufficient to sustain the verdict. This point is pressed with much earnestness and vigor by appellant's able attorneys. Whenever it is necessary for this court to pass…