Reed v. State

ANDERSON, O. J.

The defendant was indicted and tried for murder in the first degree, but was acquitted of murder in the first degree and convicted of murder in the second degree. ■ The only theory upon which a conviction was sought was under the fourth division of section 4454 of the Code of 1923, defining murder in the first degree and dealing with homicides: “Perpetrated by any act greatly dangerous to the lives of others, and evidencing a depraved mind regardless of human life, although without any .preconceived purpose to deprive any particular person of life, is murder in the first…