State v. Reed

WATSON, Chief Justice.

These appellants were put to trial on an information charging murder in the first degree, and were convicted of murder in the second degree. The only issue of fact was upon the defense of alibi. The point mainly relied upon for reversal is that the court erred in submitting the facts as capable of sustaining a verdict of murder in the second degree.

The facts are sufficiently disclosed in an accompanying dissenting opinion.

The first count of the information charged that appellants, while armed, made an assault on the deceased with intent to rob him of money, and that,…