Noelke v. State

Roll, J.:

—Appellant was prosecuted by a grand jury indictment charging appellant with the crime of murder in the first degree. To this indictment" appellant entered a plea of not guilty, and also filed a plea of insanity. The cause was tried by a jury who returned a verdict on the 10th day of November, 1937, finding the appellant guilty of murder in the first degree as charged in the indictment and that he suffer death.

Appellant’s motion for a new trial was overruled, which ruling is the only error assigned on appeal. In order to properly understand the questions presented by appellant’s…