Foutch v. State

Lon Foutch was indicted in the Circuit Court of DeKalb County for the murder of Stanton Malone, and has been twice tried. On the first trial he was convicted of murder in the second degree and his punishment fixed at eleven years in the penitentiary. He appealed in error, and this Court, at its December term, 1895, reversed the action of the trial Judge on account of erroneous instruction to the juiy, and remanded the case for a new trial. The opinion then delivered is reported in 95 Tenn., 711, et seq.

The last trial resulted in a conviction for the same grade of offense, and the punishment…