Magouirk v. State

Appellant was indicted in Calhoun County, there tried and convicted by a jury of murder in the first degree. The trial court, pursuant to the jury verdict, after proper preliminary proceedings, sentenced defendant to life imprisonment and entered judgment accordingly. Defendant here appeals from this judgment.

The evidence shows without dispute that defendant killed his intended victim, Harold A. Borden, by shooting him at close range with a shotgun. Some of the circumstances leading up to and present at the killing, as reflected by the record before us, are in dispute. The defendant claimed…