Perkins v. State

CHRISTIAN, Judge.

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

Appellant testified that deceased was armed with a pistol, which he held in his hand behind his leg; that he asked deceased what he was going to do with the pistol; that deceased replied: “G— d—

you, I will s'how you”; that deceased immediately raised the hand in which he held the pistol; that he shot deceased when he raised his hand because he believed deceased was going to kill him. Other witnesses testified that deceased was armed with a pistol.

In determining the sufficiency of the…