State v. Johnson

HIGGINS, Justice.

By Questions 1 and 2 discussed in his well prepared brief, defense counsel argues the evidence for the State, (1) was insufficient to be submitted to the jury on the charge of murder in the first degree; and (2) the court committed error in charging that murder in the first degree was a permissible verdict under the evidence in the case. These questions require a review of the State’s evidence which included the defendant’s confession. The two questions involved the same principle of law and may be considered together.

The evidence disclosed that Bailey E. Wilson, the…