Brooks v. State

Appellant was indicted for murder in the first degree and tried and convicted of murder in the second degree in the Desha Circuit Court. His punishment was fixed at ten years in the State penitentiary and judgment rendered accordingly. An appeal from the judgment of conviction has been duly prosecuted to this court.

The assignments of error set out in the motion for a new trial challenge (1) the sufficiency of the evidence to sustain the verdict and judgment; (2) the refusal of the court to give, respectively, instructions 1 and 2 requested by appellant. Errors of this character can be brought…