Sowell v. State

SIMPSON, Judge.

Under an indictment for murder in the first degree, the appellant was convicted of murder in the second degree. He killed his father-in-law and at his trial pleaded self-defense.

Dying declarations of the deceased and testimony of the two eyewitnesses to the affray w«re the only evidence for the State as to the events at the time of the tragedy. These two witnesses were the appellant’s wife and her mother, wife of the deceased. The testimony of these two witnesses and the dying declarations of the deceased strongly supported the charge of first degree murder. So the potent…