Holmes v. State

Appellant was indicted for, and convicted of, the murder of Shed Ashmore, and sentenced to the state penitentiary for life, the jury disagreeing as to the punishment.

On this appeal Holmes contends (1) that the evidence is insufficient to show him guilty of any crime whatso ever and that, therefore, his request for a peremptory instruction should have been granted by the lower court, hut, if mistaken in this, (2) that he cannot be convicted under the .proof of a greater crime than manslaughter; that (3) the trial court erred in granting to the state, and (4) refusing to grant to the defendant,…