Keith v. State

Paul Keith was indicted March 26,1964, for the first degree murder, on January 11, 1964, of James Osborne. On the first trial of the case, on June 23, 1964, the jury was unable to agree and the court declared a mistrial. The case was tried again on April 6, 1965, and the jury found the defendant guilty of murder in the second degree, and fixed his punishment at ten years imprisonment. Upon his motion for a new trial being overruled, the defendant was granted an appeal to this Court, which has been seasonably perfected.

*398The facts are generally undisputed, with the exception of what occurred…