Binion v. State

HARRIS, Judge.

Appellant was convicted of murder in the second degree and his punishment was fixed at eighteen years in the penitentiary. He was represented by retained counsel at arraignment and trial. Trial counsel represents him on this appeal.

The evidence in this case was in sharp conflict. The evidence for the state tended to show an unprovoked and sudden assault upon the deceased by appellant killing him with one bullet fired from an automatic pistol. The evidence from appellant tended to show that (he-deceased was attempting to pull a pistol from his pocket at the time the fatal shot…