Spann v. State

CATES, Judge. •

From a conviction of second degree murder carrying a fifteen-year sentence, Spann appeals. The parties argued orally and submitted the cause November 5, 1964.

Two questions present themselves: (1) rulings reinstating and then refusing a motion for new trial; (2) the sufficiency of the evidence.

I

Terry Spann was indicted for slaying his older brother, Clarence, by shooting him with a shotgun.

Viewed from verdict, Terry walked up to Clarence with a shotgun and fired it at close range. Another brother and Clarence had earlier had a quarrel with Terry.

The defense was twofold:…