Blue v. State

PRENDERGAST, Judge.

Appellant was convicted of murder in the second degree, charged to have been committed May 28, 1910, on George Banks, also called “Mount” Banks, and his punishment fixed at twenty-five years in the penitentiary.

The testimony shows that about two weeks before the killing, at a festival, or party, the appellant and several others were out in the road some fifty yards from the house where the party was going on, when another rode up and appellant said: “Boys, there is no use you boys coming here tonight, your girl won’t be here, you won’t get no Nooty’ tonight.” Some other in…