Carter v. State

MORROW, Judge.

The conviction is for manslaughter. The appellant, using a single-barrel shotgun, shot and killed Herndon Kelley. The appellant and Kelley’s wife were the only eyewitnesses. Prom the evidence, we understand the theory of the State to have been that the appellant, inspired by malice growing out of a quarrel with the deceased and abusive language uttered by the deceased against the appellant some four weeks before the homicide, undertook to waylay and kill him. This theory is supported by the testimony of the wife of the deceased, from which it appears that a short time before the…