Smith v. State

On the trial of one charged with murder there was evidence tending to show the commission of that offense without mitigation. The statement of the accused to the jury on the trial was to the effect that the deceased had recently threatened' the life of the accused; that on the day of the homicide the accused was riding a mule and carrying a gun; that he was met by the deceased, who “halted” him; that he did not stop, and was again commanded to stop; that, believing that the deceased had “something in his pocket” with which to shoot, he stopped. The statement thus expressed what then ensued:…