Martin v. State

CARR, Judge.

On an indictment charging murder in the first degree, the appellant was convicted of murder in the second degree.

Without factual dispute the accused killed Karl Cochran by shooting him with a twelve gauge shotgun.

With the exception of the participants,, the decedent’s brother was the only eye witness. His testimony, if accepted as true,, made a case of unjustifiable murder. In fact, it was of sufficient potency to have sustained a conviction for the highest degree of unlawful homicide.

The defendant admitted the killing, but claimed that Cochran, the deceased, was. advancing on him…