Cole v. State

The defendant killed Daniel F. Tillerson and was convicted of murder in the second degree. The evidence shows that both the deceased and defendant were guests of J. R. Tillerson, the father of the deceased and father-in-law of the defendant; that the homicide occurred in the evening between 6 and 7 o’clock in the front yard of J. R. Tillerson’s residence. The defendant invoked the doctrine of self-defense, and offered evidence tending to sustain the old worn-out theory that the deceased, after throwing a stone at the defendant, moved his hand in the direction of his pistol pocket, and…