Supreme Court of Arkansas January 10, 1944, 4322 (Yarbrough v. State)

Holt, J.

March 16, 1943, appellant, Charles Yarbrough, a Negro, was charged with the crime of murder in the first degree, alleged to have been committed February 21, 1943, when he shot and killed Hosea Smith, another Negro. "Upon a trial, he was found guilty of murder in the second degree, and the jury assessed his punishment at five years in the state penitentiary.