Brooks v. State

— This was a prosecution for murder in the first degree. The indictment charged the appellant, Arthur Brooks, with having, feloniously and with premeditated malice, killed one Thomas Gause, in Wayne county.

There was a change from the regular judge, and the cause was tried by a judge called from another circuit. There was a *429verdict finding the appellant guilty of murder in the second degree, and fixing his punishment at imprisonment for life. A refusal to grant a new trial, and judgment on the verdict followed. There was no controversy as to the fact that the appellant had violently assaulted…