Elliott v. State

The plaintiff in error, H. M. Elliott, hereinafter designated as defendant, was informed against for the murder of C. M. Taylor, convicted of manslaughter in the first- degree, and sentenced to imprisonment in the penitentiary at McAlester for a term of four years. To reverse the judgment rendered on the verdict he prosecutes this appeal.

The evidence tended to show that the deceased was a man about 30 or 35 years old; weighed about 170 or 180 pounds; that for two years prior to the homicide- the deceased and the defendant were near neighbors, and there was a tract of 20 acres adjacent to the…