People v. Peery

After a bench trial the defendant, Major Peery (otherwise called Major Perry) was convicted of attempted murder and of aggravated battery. For each crime he was sentenced to the penitentiary for a term of not less than five nor more than ten years, the sentences to run concurrently. Defendant appealed directly to the Supreme Court and the cause was transferred to this court.

Contentions on Appeal

1. The court erroneously placed the burden of proof upon defendant to prove his affirmative defense of self-defense, and the State’s burden of proof was not met; 1

2. New evidence has been discovered…