Jordan v. State

RICE, Judge.

Appellant was tried under an indictment charging him (and another, not on trial) with the offense of murder in the first degree.

He was convicted of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of eighteen years.

It is without dispute that he cut or stabbed, or cut and stabbed, with a knife, so that he died, one Wesley Elston.

The evidence for the State tended to show an aggravated case of murder, without mitigating or extenuating circumstances. That for appellant (defendant) tended to show that he was justified in what he did…