Johnson v. State

Ireland, Associate Justice.

The appellant was indicted in the Criminal District Court of Harrison county for the murder of Ira Brooks, and found guilty of murder in the second degree and sentenced to confinement in the penitentiary for twenty-seven years. There was a motion for a new trial, which was overruled and the case appealed to this court.

Up to the time of the difficulty in which the killing took place appellant and the deceased were on terms of intimacy, as may be fairly deduced from the testimony.

There was no cessation of hostilities from its inception to the time of the killing, and…