Fitzgerald v. State

Hutcheson, Justice.

Jesse Fitzgerald was tried on an indictment charging him with the murder of Susie Smith. The evidence was in conflict. Certain witnesses for the State testified to facts tending to show that the defendant shot Susie Smith with a pistol under circumstances amounting to murder; whereas it appeared from the defendant’s witnesses and from his statement that he did not shoot her, but that he was attached by several men at the home of her mother, and that one of these men attempted to shoot him, and Susie Smith, by throwing her body in front of the defendant, received the bullet…