Wright v. State

JOHNSON, Judge.

Appellant was indicted for first degree murder and convicted of second degree murder and appeals to this Court from a verdict and judgment of sixteen years in the penitentiary.

On the afternoon of February 8, 1962, defendant, Thomas Hoyt Wright, and Willie NeSmith were both drinking at a'tavern located on the Jefferson-Walker County line. Wright drank two cans of beer, which were his third and fourth for the day. Each of the imbibers owned a truck and part of their conversation concerned the relative possible speed of their vehicles.

After leaving the tavern, they proceeded in…