Davis v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at ten years confinement in the penitentiary.

The only cause for the killing grew out of insulting remarks made to defendant’s wife on Saturday morning. These remarks were communicated to defendant by his wife that night after they retired. The evidence of the defendant and his wife shows that he was nervous and restless and slept but little, if any, during the night. The next morning early about sunrise he secured a pistol and went to see deceased with reference to the matter.…