Clinkscale v. State

PRICE, Judge.

Under an indictment charging murder in the first degree, the defendant was convicted of murder in the second degree and punishment was imposed at ten years imprisonment in the penitentiary.

The evidence is undisputed that appellant killed Thomas William Smith by shooting him with a rifle.

Defendant and deceased were brothers-in-law, they having married sisters. They were joint owners of the farm on which they lived in houses a hundred and fifty or two hundred feet apart. Bad feeling had existed between defendant and deceased for some time. Defendant’s testimony was to the effect…