Stanley v. State

DAVIDSON, Presiding Judge.

This conviction was for murder in the second degree, the verdict of the jury awarding appellant twenty-five years in the penitentiary.

On the night previous to the homicide there had been trouble between the parties, and the deceased had fired at appellant with a shotgun. However, some of the testimony tends to indicate that he only shot over his head for the purpose of frightening him. It was a disputed issue as to whether he fired over his head to frighten him or did in fact shoot at him. Appellant went away, and came back later to the place in search of deceased.…