State v. Keleher

The opinion of the court was delivered by

Smith, J.:

The appellant was tried, convicted and sentenced for murder in the second degree for the killing of Charles Wetzel in Graham county, and appeals to this court. In attacking the proceedings of the trial court numerous errors are assigned, but the questions raised may all be considered under the following heads: (1) The sufficiency of the information as embracing the charge of murder in the second degree; (2) the sufficiency of the evidence, and variance therein; (3) the instructions given and refused; and (4) the rulings, on the motions in…