McPeak v. State

Appellant was convicted of murder, the jury assessing his punishment at six years confinement in the penitentiary. This is not the lowest penalty, five years being the minimum.

Appellant and deceased had been friends from early boyhood, some of the testimony showing about thirty years. This continued to the moment of the firing of the pistol which killed the deceased. The State's contention is that the killing was murder, — appellant's that it was accidental homicide. There is testimony, it is claimed, suggesting negligent homicide. The court submitted murder, negligent homicide in the second…