Upton v. State

The offense is murder; the punishment, confinement in the penitentiary for 20 years.

The homicide occurred at the home of appellant. The wife of appellant was the sister of deceased, Alee West. Shortly before the homicide, appellant and his family visited in the home of deceased; the occasion being the celebration of the birthday anniversary of deceased. Appellant asked deceased to take him and his family home. Deceased complied with the request. Upon reaching home, appellant shot and killed deceased. The son of appellant testified that deceased was attacking his father, and that in resisting…