Bange v. State

Appellant was charged by indictment with the crime of first degree murder under Acts 1941, ch. 148, §1, p. 447, being §10-3401, Burns’ 1956 Replacement, tried by jury, found guilty of murder in the second degree, and sentenced accordingly.

Errors assigned here are the overruling of appellant’s motion for a new trial, and the overruling of his motion for a directed verdict, both at the close of the State’s evidence and at the close of all of the evidence.

First: Appellant asserts that the evidence is not sufficient to sustain the verdict of the jury because “the evidence shows conclusively and…