Wallace v. State

DAVIDSON, Presiding Judge.

This conviction was for murder in the second degree, the punishment assessed being five years in the penitentiary.

The difficulty occurred at a negro festival. The brother of appellant, Bose Wallace, had had a difficulty with deceased during the same night the homicide occurred and some time before the last difficulty, in which they came to blows. They separated, both remaining at the festival. The subsequent fight, that is, the one in which the killing occurred, resulted between Bose Wallace and the deceased, Robert Scruggs. The witnesses differ very widely and very…