Maloon v. State

Appellant, W. C. Maloon, was tried upon an information charging him with the crime of murder, alleged to have been committed in Pittsburg county, October 1*8, 1924, by shooting one Pete Lout with a pistol. The trial resulted in a conviction of manslaughter in the first degree, the jury were unable to agree upon the punishment. Motion for new trial was duly filed and overruled, and on the 12th day of June, 1925, the court pronounced judgment and sentenced him to imprisonment in the penitentiary for a term of 40 years.

The evidence shows that the deceased, Pete Lout, and the defendant were both…