Males v. State

This is a criminal prosecution upon an indictment which charged appellant with murder in the second degree, by unlawfully, feloniously, purposely and maliciously, ‘but without premeditated malice, killing deceased by shooting him with a revolver, etc. The verdict was guilty of murder in the second degree, upon which judgment was rendered that appellant be sentenced to the state prison for life.

The error relied upon for reversal is that the court erred in overruling appellant’s motion for a new trial. The alleged errors presented by the motion for a new trial are based upon the instructions…