Payne v. State

LATTIMORE, Judge. —

From conviction in the district court of Randall County of manslaughter, with punishment fixed at five years, this appeal is brought.

The conviction was for killing one Sweazea, an old man with whom appellant seems to have had no other grudge or quarrel save that Sweazea was in a car on a former occasion with Dick and Maud Rippey when one or both of the Rippeys shot appellant. If we comprehend the defensive theory in this case it was that appellant had had much trouble with the Rippeys and that what might be termed a fued existed between him and them, and that deceased was…