Riner v. State

Under an indictment charging murder in the • first degree plaintiffs in error were convicted of murder in the second degree and sued out writ of error.

In the brief plaintiffs in error present two questions for our determination, as follows:

“First Question. Where in a first degree murder case the sole issue at the trial was the identity of the accused as being the perpetrators of the holdup and murder, should a verdict of second degree murder be upheld where proof of the identity is unsatisfactory and the verdict is wholly inapplicable to the facts in issue?”

“Second Question. Where the sole…