State v. Whited

LOZIER, C.

Appellant (hereinafter calléd defendant) was convicted of second degree murder and sentenced to 10 years imprisonment. In this appeal, he challenges the sufficiency of the evidence to support the verdict and contends that 4 instructions were erroneous;

Defendant shot and killed Harold Whiffen in a cafe near Ironton, August 2, 1948. The two had never met before. Defendant was 29 years old, 5 feet, 4 inches high and weighed about 120 pounds. He was wounded in action during the war and still suffered the effects, especially in one leg. Deceased was “a young fellow, well-developed, of…