Maxwell v. State

CARR, Judge.

Appellant was tried in ,the circuit court upon an indictment charging murder in the second degree. He was convicted of manslaughter in the first degree and his punishment fixed at imprisonment in the penitentiary for a term of five years.

Admittedly the defendant killed the deceased by shooting him with a pistol. *490Without dispute in the evidence, the accused was in his home at the time of the fatal difficulty. The deceased left the inside of the house and with a rifle in hand walked outside; and when in or near the yard surrounding the dwelling, the appellant, while standing in a…