Kilpatrick v. State

HARWOOD, Judge.

This appellant, sixteen years of age, was indicted for murder in the first degree. His jury trial resulted in a verdict of murder in the second degree, his punishment being fixed at imprisonment in the penitentiary for seventeen years.

The highlights of the evidence presented below tend to show that shortly before midnight on May 17, 1951 the deceased, together with several other officers drove to the home of appellant’s father, Aubrey Kilpatrick, in Marshall County.

During the day Aubrey Kilpatrick had had a difficulty with a neighbor, Mr. Whitehead, which resulted in a visit to…