Stephens v. State

BERRY, Judge.

The offense is murder, and the punishment is eight years in the penitentiary.

The state’s testimony shows that the deceased was killed by the appellant under circumstances showing malice. The appellant defended on the ground of self-defense and introduced testimony tending to show that the appellant believed that the deceased had raped the daughter of the appellant. There was testimony in the record which, if true, was sufficient to show that deceased and appellant had met since appellant had been informed of the alleged rape and prior to the time of the fatal shooting. The…