Cutrer v. State

The appellant was convicted of the murder of Dan Dawes and, the jury being unable to agree upon his punishment, he was sentenced to the penitentiary for life. One of the contentions of appellant upon appeal is that the trial court erred in submitting to the jury the question of his guilt of murder because under the record here he could not have been guilty of anything more than ‘manslaughter. A consideration of this question requires a statement of the facts disclosed by the record.

Appellant owned a mercantile business situated in a two-story building facing Highway Noi 16 on the outskirts of…