Smith v. State

The plaintiffs in error were convicted of murder in the second degree of Henry Fowler, and their punishment was fixed at twenty years confinement in the State penitentiary. Having failed in their motion for a new trial, they have appealed to this Court.

They are brothers; they were also cousins of the deceased, reared on an adjoining farm to that-of his mother.' But, while relatives and close neighbors, the evidence shows their respective tam-iles had been more or less estranged for several years. Some three weeks before the homicide Tom Smith told several parties that - in passing along-a…