State v. Price

Lively, Judge:

Upon a verdict of second degree murder defendant was sentenced to confinement in the penitentiary for five years, June 11, 1921; and he prosecutes this writ of error.

The only error relied upon in defendant’s brief is the refusal of the court to set aside the verdict and award a new trial; and as a basis, it is asserted that the evidence is insufficient to sustain the verdict. This assignment impels a close examination of the evidence. A Hallowe’en party was in progress at the home of Julia Stevens, at Mayberry, McDowell county, on November 1, 1920. The deceased, David Hurt, was…