Massey v. State

OPINION

WALKER, Presiding Judge.

The defendant below appeals from his conviction of murder in the second degree and his sentence to ten to twelve years in the penitentiary.

On December 18, 1968, he shot Andy Kelly, Jr., in the stomach with a shotgun outside The Shack, a tavern in Cocke County. Kelly died a few minutes later.

That afternoon the defendant and a friend, Kenneth Romines, had visited several taverns drinking beer. About dark they came to The Shack. The defendant was in a belligerent mood and threatened to whip one Leonard Stokely about a young lady in whom they were both interested.…