Nugent v. State

LATTIMORE, Judge.

Appellant was convicted in the district court of Henderson County of murder, and his punishment fixed at five years in the penitentiary.

Appellant and deceased were brothers and, according to the State’s testimony, had had a disagreement. Deceased was down on a lake fishing. Appellant was also down there. The two men ifiet and appellant shot and killed deceased. Appellant claimed that deceased was advancing upon him with a hoe. These theories seemed to have been submitted to the jury in a charge apparently satisfactory to the accused. His complaints are of other parts of the…