State v. Perkins

STORCKMAN, Presiding Judge.

This appeal is from a conviction of murder in the second degree. Since the defendant was found to have been previously convicted of two felonies, his punishment was ■assessed by the court and fixed at twenty years’ imprisonment. The questions presented relate to the sufficiency of the evidence to sustain the conviction, the admissibility of photographic evidence, the propriety of the state’s jury argument, and the refusal •of an instruction offered by the defendant.

At about 3:30 a. m. on September 1, 1961, the defendant went to the home of his brother who lived on a…