State v. Price

I-IatceeR, Judge:

Charged with the murder of David Hurt, Robert Price was tried in the Criminal Court of McDowell County in 1921, and found guilty of murder in the second degree. At that trial the state proved that the body of Hurt was powder burned, that the wound which caused his death was inflicted by a small calibre bullet, and that Price fired at Hurt from a distance of about thirty feet. Price proved that the pistol he used was of forty-one calibre.

Upon a writ of error to this court, the verdict was set aside and a new trial awarded, because the physical facts, as proven by the state,…