Jones v. State

Appellant was charged by indictment with first degree murder in the shooting death of his wife. The cause was submitted to trial by jury which resulted in appellant being found guilty of murder in the second degree.

Burns’ Ind. Stat. Ann. § 10-3404 defines the oifense of second degree murder as follows:

“Whoever, purposely and maliciously, but without premeditation, kills any human being, is guilty of murder in the second degree . . .”

The sole issue presented by this appeal centers upon appellant’s contention that there is a total lack of evidence to support a finding that he acted purposedly…