Russell v. State

Appellant was convicted of murder in the second degree and his punishment was fixed by the jury at fifteen years in the penitentiary. At arraignment, in the presence of his counsel, appellant entered a plea of not guilty. Following sentencing, he gave notice of appeal. An appeal was ordered in forma pauperis, wherein appellant is represented by trial counsel.

Appellant was charged by indictment with the unlawful killing with malice aforethought but without premeditation and deliberation of James L. "Pop" Loden, by pushing, throwing or otherwise causing him to fall into a body of water or the…