State v. Gilbert

OPINION

TATUM, Judge.

The defendant, James Henry Gilbert, was sentenced to serve 15 years in the State penitentiary upon conviction of second degree murder. On this appeal, he complains that the evidence was insufficient to support the verdict, the State’s calling two witnesses not listed on the indictment, the court’s refusal to permit him to read the testimony of two State witnesses given at a prior trial, alleged prosecutorial misconduct, and the trial judge’s jury instructions. After considering the issues presented and the entire record, we conclude that the judgment must be affirmed.

This…