Taylor v. State

CARR, Judge.

The indictment in this case charges appellant with murder in the second degree. There was a conviction of manslaughter in the first degree.

Appellant and deceased, John Davis, lived in the same neighborhood. On the afternoon of the night of the alleged homicide the two left Opp, Alabama, for home in the former’s one-horse wagon.

According to the testimony of appellant, after dark, about 7 p. m., they reached a junction in the highway where a road led off to the dwelling of the deceased. At this place, a dispute arose over the insistence of deceased that he be carried all the way to…