Armstrong v. State

Carl-eton Harris, Chief Justice.

Appellant, James Armstrong, was charged with first degree murder, it being asserted that he murdered Tyree Godbolt on January 2, 1971. On trial, the jury convicted Armstrong of second degree murder and fixed his punishment at 21 years confinement in the Department of Corrections. From the judgment so entered, Armstrong brings this appeal. For reversal, only one point is relied upon, viz, “The court erred in refusing to allow testimony that the deceased had made an uncommunicated threat shortly before the fatal altercation”.

Armstrong asserted that he had acted…