Howell v. State

In this case the evidence for the State and for the defendant shows that the deceased was at the home of the defendant, and had so conducted himself that the defendant had requested him “to hush.” The evidence for the defendant discloses also that the deceased was staggering around and had a jug; that some time thereafter the deceased went away and came back with a rifle; that the wife of the defendant screamed and a considerable struggle occurred between the deceased and the defendant, and that other persons present joined in the struggle and succeeded in taking the rifle from the deceased.…