Wade v. State

MORROW, Judge.

Appellant stands condemned to confinement in the penitentiary for the period of 5 years for murder. He and deceased were neighbors, a division fence separating their farms. A reversal is sought upon the ground that the evidence does not justify a verdict of murder.

On Friday evening, immediately preceding the Tuesday on which the homicide occurred, an altercation took place in which the deceased and appellant were parties. A statement of the details is unnecessary, but from the State’s testimony offered, the deceased applied an insulting epithet to the son of appellant, shortly…