Irwin v. State

Roberts, Chief Justice.

The defendant was indicted and convicted for the murder of William Fisher, of the second degree, and his punishment was assessed at five years in the penitentiary. The killing took place at the house of Mrs. Fisher, the aunt of both parties, about one hour before day, where both of the parties went to bed that night, the defendant in one of the rooms with three other young men, and the deceased on the gallery, on a pallet, with his cousin, a young man. The deceased, lying on the outside, was shot on the side next to his cousin. Eo one saw the shooting. There was no…