Catrett v. State

BRICKEN, Presiding Judge.

This appellant was indicted for killing one Bartholomew Gauley under such circumstances as constituted murder in the first degree. The indictment contained - one count which charged that he (appellant, naming him), unlawfully and with malice aforethought, killed Bartholomew Cauley, by shooting him with a gun, etc. The indictment was in proper form and substance.

The trial in the lower court resulted in the convictiqn of the accused for the offense of murder in the second degree, the punishment •being fixed by the jury at imprisonment for ten years. He was duly…