Graham v. State

Murder is the offense; punishment fixed at confinement in the penitentiary for life.

Appellant shot and killed D. L. Haynie. The parties were neighbors, living upon the same street some 300 feet apart. The alley in the rear of their • premises was used in common. Appellant was cultivating a garden upon his premises which was unfenced. The chickens belonging to the deceased made depredations upon the appellant’s garden, and prior to the day of the homicide the matter had been discussed between them.

It was the state’s theory that the appellant went to the home of the deceased, and using harsh…