Hightower v. State

Almand, Chief Justice.

Rudolph 0. Hightower was indicted and charged with the malicious killing of Daniel F. Cannon, Jr., by shooting him with a pistol on October 31, 1968. Upon his trial, he was found guilty with a recommendation of mercy, and sentenced to life imprisonment. His motion for a new trial upon the general grounds and one special ground was overruled. Notice of appeal was duly filed from the verdict and sentence and from the judgment overruling his motion for a new trial.

The court charged the jury as follows: “I further charge you that the defendant enters upon the trial of this…