Gentry v. State

Appellant was indicted for murder in the first degree, and was convicted for murder in the second degree, and his punishment fixed at twenty-one years in the penitentiary. He prosecuted this appeal to reverse the judgment of the circuit court.

Homer Nuchols testified in substance that he was in Seaborn Hassell’s store when the appellant shot Hassell and was standing about nine feet from Hassell. The store was lighted with electric lights; the shooting occurred between 7 and 7:30; the appellant walked in to Hassell’s store and said: “Seaborn, I thought you were a man,” and he said, “Mr. Gentry,…