Messimer v. State

MORROW, Judge.

The conviction is for murder, with punishment assessed at confinement in the penitentiary for five years.

Appellant introduced evidence to the effect that deceased bore the general reputation of a violent and dangerous man, also that it was the custom and habit of the deceased to go armed; that the deceased had threatened to arm himself and attack the appellant, and shortly before the homicide appellant had seen a pistol among the effects of the deceased, and believed him to be armed with a pistol and. in the act of removing it from his pocket for use against the appellant at the…