Pendley v. State

Appellant was indicted for the offense of murder in the first degree, tried, and convicted of the offense of murder in the second degree. The jury fixed his punishment at imprisonment in the penitentiary for the term of ten years and one Hay.

Perhaps a sufficient reference to the facts shown, or tended to be shown, by the evidence, will be contained in the following ex- ’ cerpt from the learned trial judge’s oral charge to the jury, which we will quote, and adopt as our own, to wit: “Now, gentlemen, there are two theories in the case, to say the least of it. The State contends that the…