State v. Jenkins

— By an information filed in the Circuit Court of Audrain County, the defendant, a Negro, was charged with murder in the first degree, the victim of the alleged murder being James Glover, a Negro. The jury found the defendant guilty of murder in the second degree and assessed his punishment at imprisonment in the penitentiary for thirty-five years. He was sentenced accordingly, and appealed.

It is undisputed that the defendant shot Glover in the abdomen and right groin, with a “single barrel, number twelve,” shotgun, about 10:30 o’clock Sunday night, September 1, 1929; and that Glover died,…