Smith v. State

The appellant herein is appealing from a conviction in the Circuit Court of Shelby County of murder in the second degree.

Prosecution was commenced on the basis of an indictment charging appellant with murder in the first degree; appellant entered a plea of not guilty and thereafter trial was had by jury. The trial resulted in the jury finding appellant guilty of murder in the second degree, and upon this verdict the court rendered judgment accordingly and sentenced appellant to the Indiana State Prison for life.

The error assigned and relied upon by the appellant is the overruling of his…