Kennedy v. State

The appellant, William Kennedy, ivas indicted jointly with Alfred Applegate and William Stanley, for the murder of George Chamberlain. The indictment charged the murder to have been in the first degree. The appellant has been three times separately tried upon that indictment.

*371Upon the first trial he was found guilty of murder in the first degree, and his punishment fixed at death. A new trial being granted, a second trial resulted in a conviction for murder in the second degree, and a sentence of imprisonment in the state-prison for life. Erom that judgment there was an appeal to this court,…