State v. . Banner

Clake:, O. J.

The deceased and a companion, named Richards, were walking down the street on the opposite side from the store owned and operated by the prisoner. The prisoner, standing in his store door, called Richards to him. The deceased kept on down the street, and as soon as Richards got near prisoner, the latter stepped into his ¿tore, got his double barreled breech loading gun, and fired at the deceased who had then gotten some twenty steps beyond the store, still on the opposite side of the street. The deceased was looking to the front. The deceased fell and died instantly. The prisoner…