State v. Stallings

Defendant was charged by indictment with and tried for the crime of murder in the first degree for killing Bertha Stallings. He was found guilty of murder in the second degree and his punishment was fixed by the jury at imprisonment in the penitentiary for a term of fourteen years. From the judgment upon such verdict, he was granted an appeal.

It is not contended that the evidence was insufficient to authorize a verdict of guilt on defendant’s part of a criminal homicide. The evidence was unusually conflicting concerning what actually transpired immediately before and during the shooting and…