State v. Applegate

The opinion of the court was delivered by

Parker, J.:

The defendant was arrested and tried on a charge of murder in the first degree, which in this state is a capital offense (G. S. 1949, 21-403). At the close of a spirited trial a jury found him guilty of the murder of his sixteen-month-old daughter by arsenic poisoning and returned a verdict against him for murder in the second degree. Later, his motion for a new trial having been denied, he perfected an appeal to this court where, among other things, under proper specifications of error, he charges the trial court erred in compelling him to…