Kelly v. State

The appeal in this case brings for review judgment of conviction of murder in the second degree under indictment charging murder in the first degree.

Appellant presents three questions for our consideration as follows:

“First. Does the evidence sustain the verdict?

“Second. In trial for murder by shooting, which occurred in the yard of plaintiff in error and while plaintiff in error was standing right at his front porch, and deceased was within seven or eight feet of plaintiff in error and the defense was self-defense, is plaintiff in error entitled to have a charge given to the jury duly…