Lubbock v. State

HARPER, Judge.

Appellant was indicted, charged with murder, and when tried was convicted of murder in the second degree and sentenced to five years in the penitentiary.

The State’s evidence would present a case of an unprovoked murder. Appellant’s witnesses testify to threats by deceased to take the life of appellant, and that deceased’s reputation was that of a quarrelsome, violent and dangerous man, especially so when drinking. Appellant testifies that he had been informed of the threats; knew of the dangerous character of deceased, and that when he shot him, the deceased had turned and…