McBee v. State

■ William McBee, plaintiff in error, defendant, was indicted for the homicide of George Stewart. He was con victed of murder in the second degree and sentenced to serve not less than ten years nor more than twenty years in the state penitentiary. His motion for a new trial having been overruled and the verdict of the jury approved by the trial judge, he has perfected his appeal to this Court and assigns errors.

This is the second time that this defendant has been .tried for the same offense. His first trial resulted in a conviction for first degree murder and his punishment fixed at life…