Murphy v. State

In his motion for rehearing appellant calls attention to an error in the statement of the case in our former opinion, which we now correct. After a misunderstanding between appellant and deceased over a marble machine game, deceased went to his car and was apparently about to start same with a car crank. Appellant was across the street at another car. The testimony then sharply conflicts, — that of the State asserting that appellant called deceased to come over where he was, and when this was done appellant shot deceased three times without further attack or provocation on the part of…