Brown v. State

BEAUCHAMP, Judge.

Appellant was convicted- on a charge of threatening to take the life of Joe Will Westmoreland who was the superintendent of the farm on which appellant lived in Harrison County. His fine was assessed at $250.00 with six months in jail.

Before discussing the facts of the case which we believe pertinent, it may be said that we cannot agree with appellant *406that the prosecuting witness was engaged in an unlawful undertaking as anticipated by the article of the statute invoked. The doctrine laid down in Lane v. State, 276 S. W. 712 does not, in our opinion, apply under the facts of…