Pierce v. State

BROWN, Justice.

The appellant was indicted, tried, and convicted of murder in the first degree. The evidence is without dispute that he killed Tom Grace by shooting hirp with a pistol, and the evidence adduced by the state goes to show that appellant undertook to provoke difficulty with said Grace by assaulting him with an iron pipe; that Grace seized the pipe, and either wrenched it from the hands of appellant or held on to the end thereof to prevent the appellant from assaulting him, and thereupon the appellant drew the pistol, which he had concealed on his person, and shot and killed Grace.…