Spence v. State

This appeal is prosecuted from a judgment of conviction of murder in the second degree, with a penalty assessed of nine years’ imprisonment in the penitentiary, against appellant for the killing of one Jed Wilsey, on an indictment for murder in the first degree.

Appellant pleaded self-defense, and it is conceded that, under the evidence, the jury would have been warranted in returning a verdict of murder or manslaughter, as well as mot guilty.

Appellant contended that timber had been stolen from, him, and that the deceased was interested in the stolen timber, and that on the day of the killing…