Metcalf v. State

CATES, Judge.

Metcalf was indicted November 11, 1955, for the murder (in the first degree) ■of Johnnie Mulkin. The trial held January '9 through 13, 1956, resulted in a verdict of .guilty of second degree murder with his punishment fixed at ten years in the penitentiary. Judgment was rendered accordingly.

On February 9, 1956, a motion for new trial was filed and presented to the trial judge and passed to March 9, with mesne ■continuances until November 8 of that year when the motion was heard and overruled.

The court reporter suffered a heart attack delaying the transcript of evidence •of some…