Armsworthy v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree, and his punishment fixed at confinement in the penitentiary for a term of five years.

The evidence shows in substance that appellant and deceased met in the public road, deceased being in a wagon, and appellant walking. Words ensued between them and appellant attempted to shoot deceased with a pistol. The pistol snapped and appellant left, and in a few minutes returned with a gun and shot deceased in the face, putting out his eyes, and slightly wounding him in other portions of the héad and face. Dr. Talbot testified that he…