Toler v. State

This is an appeal in error by Calvin Toler, who will hereinafter be referred to as defendant, from a judgment of conviction rendered by the circuit court of Cheat-ham county, at its March term, 1923, of murder in the second degree upon the body of one Ennis Harper, alleged to have been committed September 25, 1922. The judgment provides that defendant shall undergo confinement in the penitentiary for a term of not less than ten nor more than twenty years.

By the first assignment of error it is insisted that the evidence preponderates against the verdict and in favor of defendant’s innocence.

The…