Scott v. State

on the merits.

CHRISTIAN, Judge.

— The record having been perfected, the appeal is reinstated and the case considered on its merits.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Herman Wheat by shooting him with a gun.

The homicide occurred on the 23rd of June, 1934, near the home of appellant. According to the version of the State, the act of appellant in shooting deceased was unprovoked and unjustified. Appellant testified that he believed deceased was preparing to kill him and that he shot him in self-defense. He also testified as to…