McClure v. State

McClure was indicted, tried, and convicted on a charge of murder for the killing of Fletcher. The jury having disagreed as to the punishment, the sentence of the court was life imprisonment in the state penitentiary.

For the reason that we have concluded that this case must be remanded to the lower court for another trial, we forego a detailed statement of the facts.

The appellant, by his evidence, made out a case of1 self-defense, in that he contended that the deceased was in the act of drawing' a pistol from his hip pocket at the moment that he shot the deceased five times, one shot being’ in…