Powers v. State

MORROW, Presiding Judge.

The conviction is for murder; punishment fixed at confinement in the penitentiary for twenty-five years.

The appellant shot and killed Maxey Wise. It was the State’s contention that malice inspired him. Appellant’s theory is that the act resulted from passion aroused by adequate cause which rendered him incapable of cool reflection. These issues were submitted to the jury.

The parties and their families were neighbors. Sometime prior to the homicide the children of both engaged in conduct which required that they be chastised. Learning of this conduct, the appellant,…