Irving v. State

PRENDERGAST, Judge.

—Appellant was tried and convicted of murder in the second degree and given the lowest penalty.

In view of the fact that we reverse and remand the case and that another trial may be had, we will not discuss the evidence in the case. We also deem it unnecessary to take up and discuss all of the questions presented by appellant. Some of the questions, doubtless will not arise on another trial.

It was shown that in the examining trial a witness, Will Perry, testified therein in the presence of appellant and that he crossed him at the time. Since then Perry has died. The record…