Duke v. State

DAVIDSON, Presiding Judge.

—Appellant was allotted a term of five years in the penitentiary upon a conviction of murder in the second degree.

The evidence shows that he killed Light R. Cheney. The killing occurred near a little store in the village of Peel Town. The deceased had made threats to take the life of appellant. On the morning of the tragedy appellant had an understanding with Russell to go on a visit to MeKinpey. The first understanding was, that appellant was to walk through a near-way to the residence of Russell, or to some designated point to meet him, and accompany him to…