Gann v. State

The plaintiff in error, the defendant in the court below, was convicted of murder in the second degree and punishment was fixed at not more than fifteen years in the State Penitentiary. A motion for a new trial was seasonably made and overruled, and the defendant has perfected his appeal. He has assigned as error (1) that the evidence preponderates against the verdict of guilty and in favor of his innocence; (2) that the verdict is contrary to the law and to the evidence; and (3) that there is no evidence to support the verdict of the jury.

In order for the Court to pass upon these matters, it…