Lewis v. State

The plaintiff in error, hereinafter called the defendant was indicted for murder in the first degree, was convicted of murder in the second degree and sentenced to not more than twenty (20) years in the State prison. He has appealed and assigned errors.

The first assignment of error is that there was no evidence to support a conviction of murder in the second degree because malice was not shown, nor was the firing of the shot shown to have been done intentionally or wilfully.

The second assignment is that since there were no eye-witnesses to the actual firing of the shot, the evidence is…