Bly v. State

Ed. F. McFaddin, Justice.

From a conviction of second degree murder and a prison sentence of five years, there is this appeal. The motion for new trial contains 21 assignments, which we group and discuss in convenient topic headings.

I. 'Sufficiency of the Evidence to Sustain Second Degree Murder or Any Other Conviction. Assignments 1, 2, 3, 4, and 5 present various phases of this topic. Viewed in the light most favorable to the State, as. we do in appeals by the defendants, 1 the facts reflect that the defendant, Jack Bly, aged 86, and Bichard A. McAnally, aged about 47, were engaged in…