Houlton v. State

HARWOOD, Judge.

This appellant stands convicted of murder in the second degree under an indictment charging him with murder in the first degree. The victim was appellant’s young stepson, and died as a result of poisoning.

The evidence submitted by the State was, ’in our opinion, wholly sufficient to support the verdict and judgment rendered.

*446This court certified to the Supreme Court the following question in this case: “On the indictment hereinabove set out, was the jury authorized to find the defendant guilty of a lesser offense than murder in the first degree?”

The Supreme Court has answered…