McCoy v. State

Christian, Judge.

The offense is murder; the punishment, confinement in the penitentiary for four years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Johnny Burks by shooting him with a pistol.

According to the testimony of appellant, deceased was the aggressor. He said deceased was attacking him with a knife when he fired the fatal shot. Further, there was testimony to the effect that after deceased had been shot a knife with a blade two or three inches long was found in his possession. In the state of the record, appellant sought to have the…