Shuff v. State

OPINION

By the Court,

Bat jer, J.:

The appellant was found guilty of second degree murder and sentenced to imprisonment for twenty years.

The state’s case rests heavily upon the testimony of Laura Holt, age 7 years, who was an eye witness, although the appellant testified that he had not seen her at the apartment. From Miss Holt’s testimony it appeared that the victim was making a telephone call when the appellant entered the apartment. He took the phone away from her and started striking her with his fist and shoving her toward a couch. The victim was struggling to protect herself and screaming…