Whitaker v. State

*678JACKSON, C. J.

The appellant was charged, by in-

dictment in the Vigo Circuit Court, with the crime of murder in the first degree under Acts 1941, ch. 148, §1, p. 447, being §10-3401, Burns’ 1956 Replacement, as the result of the death of his daughter by shooting. Trial was had by jury resulting in a conviction of the appellant and the imposition of a death sentence. From such conviction and sentence stems this appeal.

The indictment herein, omitting formal parts, reads as follows:

“. . . that one Thomas W. Whitaker, late of said County and State, at said County and State aforesaid, did then and…