Moss v. State

DAVIDSON, Presiding Judge.

This conviction ivas for murder in the second degree, the penalty being assessed at forty-five years confinement in the penitentiary.

This case, like most cases of this character, shows divergence in the testimony as to the issues arising on the trial. The State supported its theory with testimony to the effect that appellant entertained malice and had made threats against deceased, Joel Washington. The evidence discloses for the prosecution that deceased and appellant were neighbors, living about a half a mile apart; that deceased on one occasion was at the residence…