Seaton v. State

The record having been perfected, the judgment of dismissal is set aside, the appeal is reinstated, and the case considered on its merits.

This is the second appeal of the case. See Seaton v. State,1 S.W.2d 881.

The deceased, Sweeden, was a brother-in-law of appellant. The wife of deceased, who is appellant's sister, had reported to appellant that deceased and the daughter of deceased by a former marriage had mistreated her. According to appellant's testimony, when he asked deceased about the matter deceased attempted to draw a pistol from his bosom and, believing his life in danger, he shot…