Kervin v. State

STAKELY, Justice.

Norris E. Kervin (appellant) was indicted for murder in the first degree. Upon trial he was convicted of murder in the second degree and punishment was fixed at twenty-five years in the penitentiary.

Appellant and ¡Cousby Berry, the deceased, were brothers-in-law. On the day of the killing appellant and deceased were driving around in appellant’s car. It was a muddy, rainy day and the car slid off the road on two different occasions. They managed to get the car back on the road and continue on their way but only after they got into a fight in the car. Both men were drinking.…