Beauchamp v. State

PRENDERGAST, Judge.

Appellant was indicted for the murder of John Allen by shooting him with a gun, tried and convicted for murder in the second degree and his punishment fixed at five years in the penitentiary.

It is unnecessary to give in detail the evidence in the case. The theory of the State was that the appellant had waylaid and assassinated the deceased. The evidence tends very strongly as shown by the record, to establish the State’s theory.

The defendant’s theory was that he accidentally met the deceased in the road and after some altercation the deceased attacked him and he killed him…