Hogue v. State

HARWOOD, Judge.

Under an indictment charging murder in the first degree this appellant’s jury trial resulted in a verdict and judgment of guilty of murder in the second degree, his punishment being fixed at imprisonment in the penitentiary for a period of twelve years.

The evidence presented by the State-would have amply justified a verdict of murder in the first degree. In fact such verdict would have been justified under the testimony of the witnesses presented by the defense, except for the testimony of the-appellant himself.

*133The evidence depicts a not unusual background of a killing during…