People v. Dugger

The defendant, Elmer Dugger, was convicted, after trial by jury, of second degree murder of James Pruitt. On this appeal from the judgment of conviction and the order denying his motion for a new trial, he argues that: (1) The evidence is not sufficient to support a conviction of murder in the second degree and as a matter of law, requires reduction of the offense to manslaughter; (2) The trial court erred in its instructions to the jury and in the admission of certain evidence; (3) The prosecution was guilty of prejudicial misconduct.

The record reveals the following facts: About midnight on…