Rowell v. State

CATES, Judge.

December 22, 1956, Rowell killed Richard Pattillo by shooting him with a pistol. Indicted for first degree murder, convicted of voluntary manslaughter, his punishment set at four years’ imprisonment, he appeals from judgments conforming to the jury’s verdict and denying him a new trial.

The trial court declared a defense witness, Mr. W. C. Phillips (who had been a member of the indicting grand jury), incompetent.

Previously thereto Rowell had testified as to his strenuous efforts to avoid difficulty with Pattillo, that only when impedimented and hindered from retreating, and after…