Ellis v. State

PRICE, Judge.

The indictment charged murder in the second degree. Appellant was convicted of manslaughter in the first degree. Punishment was fixed at imprisonment in the penitentiary for a term of ten years.

The evidence for the State tends to show that a bullet fired from a .32 calibre automatic pistol belonging to defendant killed Peggy Joyce Williams on the night of November 18, 1954.

Mr. Van Ledbetter, a deputy sheriff, testified that shortly after 10 o’clock on the night in question he went to defendant’s home, situated in a wooded section three quarters of a mile from the Genery’s Gap…