Brickley v. State

COLEMAN, Justice.

Defendant was convicted of murder in the second degree. The Court of Appeals affirmed, defendant applied to this court for certiorari, and the writ was granted.

1

Defendant says that the Court of Appeals erred in holding that the trial court did not err in refusing defendant’s requested affirmative charge as to the first count of the indictment. The indictment recites:

“The Grand Jury of said County charge, that before the finding of this indictment, Kenneth Brickley, whose name is unknown to the Grand Jury other than as stated, unlawfully and with malice aforethought, killed…