Lovejoy v. State

RICE, Judge.

Appellant, tried under an indictment charging him with the offense of murder in the first degree, was convicted of the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of twenty years.

He admitted that he shot and killed, with several shots from an automatic pistol,— shown to be a 45 Caliber — one Arthur Goodwin. But, under his plea of not guilty, he urged below — as shown by his requested charges, his testimony, and the oral charge of the court, all as exemplified in the record before us — a sort of bifurcated,…