Clack v. State

BRICKEN, Presiding Judge.

The appellant, defendant below, was indicted for the offense of murder in the second degree. ' Specifically, “that he unlawfully, and with malice aforethought, killed Carl Gore, by shooting him with a pistol, but without premeditation or deliberation,” etc. Upon the trial the defendant was convicted of murder in the second degree, and his punishment was fixed at ten years’ imprisonment in the penitentiary.

From the judgment of conviction, pronounced and entered, this appeal was taken. The evidence adduced upon the trial,, disclosed, without dispute, that on Sunday…