Johnson v. State

RICE, Judge.

Appellant, by his own admission, struck one Frank Wainwright two blows over the back of the head with a stick, which caused his death. He was indicted for murder in the first degree, tried, and convicted of the offense of murder in the second degree. His punishment was fixed at imprisonment in the penitentiary -for the term of fifteen years.

The state’s evidence tended to make out a willful, deliberate, malicious, and premeditated murder of a most revolting sort. That on behalf of appellant tended to exculpate him, though it is not so plain that he would have been without blame…