McDowell v. State

FOSTER, Justice.

Appellant was convicted of murder in the second degree, and his punishment fixed at fifty-five years in the penitentiary. He shot deceased with a pistol in an altercation which occurred near the' dwelling house of defendant.

Counsel for appellant in brief have referred to only two questions which they consider good grounds for a reversal. One is the refusal to give written charges in substance that defendant was under no duty to retreat. This’ is upon the theory that he was within the curtilage of his dwelling. The other question goes to an objection to a certain feature of the…