Gaither v. State

MARTIN, Judge.

Offense murder, penalty forty years in the penitentiary.

Appellant and deceased, T. J. Wells, were both employees of the state penitentiary system, working as guards at a convict camp. A sufficient statement of the facts to illustrate the law points discussed is briefly as follows:

In a controversy between' appellant and deceased a short time preceding the tragedy, appellant applied to deceased a vile epithet. According to appellant and his witnesses, deceased left immediately, went to a guard house, procured a gun and returned to the vicinity of the prior controversy. During this…