James v. State

It is undisputed in this case that Sam Bird, alias Kindling Bad, the deceased named in the indictment, met his death by having been struck in the back of his head with some blunt instrument, as charged in the indictment. It is apparent from the record that the motive for the killing,- ascribed by the state, was robbery.

This appellant was indicted charged with the offense of murder in the first degree, and was convicted of murder in the second degree. There was no positive proof of the guilt of the defendant. The evidence against him was entirely circumstantial, and it is here earnestly…