Harwell v. State

Gunter, Justice.

This is an appeal from a conviction for murder and a life sentence.

The appellant’s first trial took place on May 16 and 17, 1972. The jury deliberated for forty-eight hours and was unable to reach a verdict. The trial judge declared a mistrial.

A second trial took place on May 29 and 30, 1972, resulting in the conviction and sentence. The appellant filed a motion for a new trial which was overruled by the trial court, and the case is now here for review.

1. At the beginning of the second trial the appellant filed a motion, applicable to the first trial, for a judgment in his…