Vinzant v. State

RICE, Judge.

Appellant was convicted of the offense of murder in the second degree, and his punishment fixed at imprisonment in the penitentiary for the term of ten years.

It was shown that he shot and killed one Major Hibley, while engaged in an altercation — really, a gun battle — with Ike Hibley, deceased’s brother, who had accused appellant of peeping at Ike’s wife while she was dressing.

The testimony was in hopeless conflict; ,some of it to the effect that appellant deliberately or intentionally shot deceased— who was not molesting appellant in any way at the time — and some of it to the…