Carlile v. State

MARTIN, Judge.

— Offense, murder; penalty, seven years in the penitentiary.

A former appeal of this case is reported in 90 Tex. Crim. Rep., p. 1, where will be found a statement of the facts which, together with those herein given, are sufficient to illustrate the legal points discussed.

Bad feeling existed between appellant and deceased. On the morning of the homicide they had met and both had drawn guns. Appellant thereafter went in a store. In a few minutes deceased approached the entrance to this store with his gun in his hand, partly upraised, and stepped up to the door as if to enter, when…