This is an appeal by Leslie Irvin, appellant herein, from a judgment convicting him of murder in the first degree. The prosecution is the result of a grand jury indictment returned in the Vanderburgh Circuit Court on the 21st day of April, 1955. After a change of venue to the Gibson Circuit Court, trial was commenced on the 10th day of December, 1955, and on the 20th day of December, 1955, the jury returned its verdict against the appellant, finding him guilty. On the 9th day of January, 1956 judgment was entered on the verdict and appellant was sentenced to pay the death penalty. The assigned error here is based solely upon the overruling of appellants motion for a new trial.
