Golding v. State

Mitchell, J.:

The plaintiff in error was indicted for murder in the first degree, but convicted of murder in the second degree, and the case comes before this court upon writ of error to the Circuit Court of Suwannee county from the order of the trial judge overruling motion for new trial.

The only question in the case essential to be decided is, did the evidence establish murder in the second degree? Under the statute, McClellan’s Digest, 350, murder in the second degree is defined to be the killing of a human being without the authority of law, when perpetrated by an act imminently dangerous…