McDaniel v. State

MORROW, Presiding Judge.

The offense is murder; penalty assessed at confinement in the penitentiary for a period of two years.

The appellant shot and killed Elbert Johnson. The following in substance comes from the statement of the appellant, who testified in his own behalf: Upon returning to his home after a short absence, he was informed by his wife that Elbert Johnson had entered the appellant’s home while in a naked condition. When the appellant’s wife informed him of the occurrence, she was quite agitated and disturbed. He went to Johnson and had a conversation with him. From the…