De Leon v. State

DAVIDSON, Presiding Judge.

— Appellant was given a life sentence for murder in the first degree.

This killing occurred in Yorkton, De Witt County, where appellant and deceased had known each other for some length of time. The State’s contention was, and the testimony offered was to the effect, that there had been previous ill-feeling between the parties. About a year prior to the homicide appellant had cursed deceased and in effect had challenged him to fight. Mitigating this immediate circumstance, however, the facts show that the deceased in quite a crowd of Mexicans and negroes “was poking…