Jaynes v. State

PRENDERGAST, Judge.

—The appellant was .convicted of murder in the second degree and his penalty fixed at seven years in the penitentiary.

The appellant and deceased lived on the same block and on the same side" of the block, two houses intervening between them. They had so lived for a few years prior to the killing. The deceased in going to town and to and from the street car had to pass along the sidewalk from his residence in front of appellant’s residence and had been in the habit of doing this practically continuously for these years. The appellant at the time of the killing and for many…