State v. Cavener

Defendant was charged by information with murder in the first degree; convicted of murder in the second degree; sentenced, in accordance with the verdict, to a term of 25 years in the penitentiary, and appealed.

Error is assigned: (1) On the admission and exclusion of evidence; (2) on instructions 2, 4, 6, and 7; and (3) on the ground that the evidence does not justify the verdict, and that the punishment assessed by the jury shows bias and prejudice of the jury against defendant.

In the early morning of July 3, 1945, shortly after midnight, defendant shot and killed Tom Morrison in the City of…