Cox v. State

Defendant, appellant, was convicted of murder' in the second degree. The evidence of the prosecution tended to show that the defendant and deceased, Eras-tus Lay, had a. fight in the home of deceased a- shout time prior to the hilling; that after this difficulty defendant left the house, went into the yard, picked up a small axe, returned to the house, renewed the difficulty, struck deceased in the head with an axe, and killed him.

Defendant contended that his hat and his children were in the house; that as. he went on the front porch to get them deceased came out of the door with a rifle in…