Davis v. State

HARPER, Judge.

Appellant was convicted of murder in the second degree, and his punishment assessed at ten years confinement in the penitentiary.

The evidence would show that appellant and his wife and several other negroes had just left one Foster’s house, and were walking down the road; that appellant struck another negro Woodson in the breast with his hand and remarked: “He was the best God-damned man in the world, ’ ’ he had been drinking that day, and the testimony would indicate that he was laughing when he struck Woodson, but would also indicate that his wife at this time put her arms…