Bryan v. State

JOHNSON, Judge.

This is an appeal from a judgment and sentence based upon a jury verdict of guilty of murder in the second degree, in which the sentence was an indeterminate term of imprisonment of not less than six months nor more than twenty years.

The appellant had been indicted by a grand jury charging him with murder in the first degree.

At trial, appellant did not submit any evidence; but at the conclusion of the State’s testimony, did make a motion for judgment of acquittal, which was denied, and the case went to the jury upon the testimony submitted by the State, after arguments by…