Yarber v. State

Appellant was indicted for murder in the second degree. The cause was submitted to a jury for trial resulting in his conviction as charged, and his sentence to life imprisonment.

On this appeal he assigns as error the overruling of his motion for new trial.

Appellant contends the evidence is insufficient to sustain a conviction for second degree murder.

To consider this question it is necessary that we review the evidence most favorable to appellee, which was in substance as follows:

On the 14th day of November 1959, deceased and appellant had been drinking; that for some reason, not explained or…