State v. . Burton

Clark, O. J.

This appeal is from a. verdict and judgment for murder in tbe second degree. The defendant kept a small store in Bessemer in which he took his meals and slept. For several nights he had been annoyed by persons rousing- him by knocking at the door and then running off. On the'night of the homicide, about 10 o’clock, the deceased, a boy of 16 years of age, went with several other boys to the store and threw a piece of wood against the door and then ran off. The defendant shot at them, and killed the deceased, the bullet passing near the heart and producing instant death.

The witness…