Dempsey v. State

WOODLEY, Judge.

The conviction is for murder; the punishment, 99 years in the penitentiary.

Appellant admittedly killed the deceased, Henry Stewart, by stabbing him with a knife. He testified that he acted in self-defense, believing that the deceased, who he knew had recently cut his nephew’s throat, had a pistol or knife and was about to attack him.

Appellant filed an application for a suspended sentence and testified as a witness in his own behalf. His reputation was therefore put in issue. Under well established rules of evidence the state was entitled to show that his general reputation as a…