Walker v. State

The appellant, on April 27, 1929, killed Wesley White by shooting nim with a pistol, and on his trial was convicted of murder in the second degree, and, as a punishment for the offense, was sentenced to serve thirty-five years in the penitentiary.

The rencounter between the deceased and the defendant took place at night between 10 and 11 o’clock on the side of a public road on Wolf’s Mountain in the eastern part of Morgan county, some two or three miles from the nearest habitation. The meeting of the parties at this place, so far as the evidence shows, was accidental, and aside from the…