Johnson v. State

Appellant was charged with first degree murder. Trial by jury resulted in a conviction for second degree murder. The record discloses the following facts: Appellant and the decedent, William Moore, had a disagreement which resulted in the appellant and one, James Herriman, going to Moore’s apartment after the appellant had told Moore that he was going to “blow his brains out.” Upon arriving at the apartment Moore and the appellant argued further, whereupon the appellant struck Moore in the face with his pistol. Moore’s *258wife handed him a towel to wipe the blood from his face. As she walked…