State v. Martin

COIL, Commissioner.

A jury convicted Robert Martin of second-degree murder and found that he had been theretofore convicted of three felonies as charged and thus fixed his punishment at life imprisonment. Inasmuch as he has filed no brief, we shall examine the assignments of his motion for new trial.

We consider his new-trial assignment No. 2 as a contention that the state’s evidence was insufficient to sustain the conviction for the asserted reasons that the testimony was “conflicting, speculative and unconvincing.” ,

The state’s evidence tended to show that about two o’clock in the morning of…