Elam v. State

MARTIN, Judge.

Offense, murder; penalty, twenty years in the penitentiary.

Bad feeling had existed between appellant and deceased for some time prior to the homicide. Deceased a few weeks before he was killed had shot appellant with a pistol. They had apparently reconciled their differences and went together to the house of a friend, where the homicide took place. The State’s testimony tends to show that appellant shot deceased without cause or provocation while he was doing nothing.

The testimony of appellant was to the effect that deceased attempted to again shoot him and that he killed him in…