Robertson v. State

Defendant appeals from his conviction, after trial by a jury, for second degree murder. The basic facts concerning the homicide are that the Defendant, on the night of July 20, 1972, had an argument with his wife. She accused him of having that night been out with another woman. She identified a friend of the Defendant as the source of her information. Defendant took his rifle and some ammunition and drove to this friend’s home. The friend admitted having been the source of the allegation. A scuffle ensued, and the rifle which Defendant was holding discharged. A bullet lodged in the victim’s…