Wallin v. State

Appellant was charged in an information filed by a deputy prosecuting attorney with the offense of murder in tbe first degree for the unlawful killing of one Blacltie Foster. The jury found appellant guilty of murder in the second degree and fixed his punishment at confinement in the penitentiary for 'twenty-one years. From judgment entered on the verdict this appeal is prosecuted.

For reversal appellant urges these grounds:

1. That the prosecuting attorney was allowed to cross-examine appellant improperly as to appellant’s past misconduct.

2. That the evidence failed to establish murder in the…