Kiernan v. State

LATTIMORE, Judge.

Appellant was charged with murder of his twenty-year-old son, and this is his second appeal. (See 80 Texas Grim. Eep., 303.) The killing was done with a pistol and occurred at the home of appellant and deceased in the afternoon. Ho one testified as an eyewitness to the killing, but it is made clear from the record that appellant had armed himself with a pistol and had sent word to his son not to come home on the fatal afternoon, that if he did he would be killed, but deceased did come and when the two met in the house the son was shot, dying instantly.

The only cause for such…