Romine v. State

LATTIMORE, Judge.

— Conviction for murder; punishment, twenty-five years in the penitentiary.

There was no denial of the fact of the killing of deceased by appellant, by shooting him with a shot gun. An eye-witness, not related to either party, testified that after shooting deceased with the shot gun appellant struck him on the head with the gun, breaking the stock, and then again struck deceased with the barrel. The shot entered under the left arm of deceased and went almost through the body. The jaw of deceased was *54broken by one of the blows. The defense was based on threat^ made by deceased.…