Matthews v. State

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, 5 years.

*170The appellant and deceased were brothers, and the homicide occurred near the home of their father. Both of the participants and one of the witnesses admittedly had been drinking. Shortly before the homicide, there was some discussion between the appellant and the deceased about which one was “the best man.”

Mary Joe Jones, a neighbor, testified that she came upon the party of men, including her brother, near the mouth of a lane; that she brought her automobile to a halt; that the deceased and her brother…