Callahan v. State

Appellant was convicted of first degree murder in two counts, and was sentenced to death. The first count of the indictment charged him with murder in the first degree. Count Two charged him with unlawfully and feloniously killing one Edward G. Byrne in the perpetration of a burglary.

The motion for new trial, which was verified, asserts a multitude of grounds in support thereof. Those which are supported by substantial argument to this court and therefore warrant our consideration, are as follows:

1. That the finding of the jury was not sustained by sufficient evidence on either count of the…