Phillips v. State

McCORD, Judge.

Appellant was indicted and tried for murder, which resulted in his conviction of murder in the second degree with a penalty of thirty-five years in the penitentiary.

On the 7th day of April, 1909, in the county of Smith, on the evening of said date, the deceased, Dave Choice, was riding along the public road in his buggy. He passed by the field of the State’s witness, Taylor, who was in said field planting cotton. Deceased was going east. Some twenty minutes after he passed the witness Taylor saw the deceased, Choice, coming running towards him in the field. Deceased was an old…