Lee v. State

The indictment contained two counts, both charging this appellant with the offense of murder in the first degree. A special venire was waived by defendant, and upon arraignment he interposed a plea of not guilty. Trial was had upon the issue thus formed, and resulted in the conviction of the defendant of murder in the second degree; the jury fixed his punishment at 10 years’ imprisonment.

The specific charge contained in the indictment was that defendant unlawfully and with malice aforethought killed J. Gould Boutwell by shooting him with a pistol. There was no dispute in the evidence as to…