Slack v. State

HARPER, Judge.

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

The record discloses that appellant and deceased had never met until the night of the homicide. Appellant was at his home when deceased drove up in a wagon; his wife, and John O’Bannon and wife were also in the wagon, although appellant. did not see them. Deceased asked the way to Miller’s and appellant instructed them as to the way, and they drove on. Appellant retired, going to sleep on his gallery. Later in the night the rattle of a wagon awoke…