Madison v. State

BOOKOUT, Judge.

The appellant was indicted on a charge of first degree murder, convicted of second degree murder and sentenced to twenty-five years in the penitentiary.

The evidence shows that the appellant caused a shotgun he was holding to discharge, and the shot struck his four-month-old daughter, killing her. His wife, who was holding the child, was wounded. Appellant had been visiting a drinking establishment in Greensboro on June 12, 1971, and had possibly three to five cans of beer over a period of two or two and one-half hours.

While there, his wife came by and asked him to come home and…