Scott v. State

Appellant was indicted for murder in the first degree. Pie was convicted of murder in the second degree and the jury by its verdict fixed his punishment at imprisonment in the penitentiary for life. From a judgment of the trial court in accordance with the verdict this appeal was taken.

The State’s evidence tended to show that deceased and appellant were in J. B.’s Burger House, a sandwich shop; that deceased paid for a pttrchase at the counter and stepped back to turn and leave; that appellant claimed deceased stepped on his foot and demanded an apology; that deceased said he did not know he…