Higdon v. State

Appellant was put to trial under an information charging him with the crime of murder in the first degree, alleged to have been committed by shooting and killing one Evaristo Duran. A verdict was returned by the jury finding him guilty of murder in the second degree and' assessing Ms punishment at seven years in. the State Penitentiary, and from the judgment pronounced on that verdict comes this appeal.

The deceased, Duran, was a man of Mexican origin and a tenant on the farm of the appellant located near Heath. On the night of the fatal shooting, the appellant and the deceased left Heath…