Templeton v. State

Mr. L. D. Smith, Special Justice,

delivered the opinion of the Court.

The plaintiff in error (hereinafter called defendant) was convicted in the criminal court of Tipton county for murder in the second degree for killing one Bessie Lee Elcan. The record shows that the deceased was killed by a pistol hall fired from a pistol in the hands of the defendant. The State contends that the pistol was purposely *274fired, while the defendant contends that it was accidentally and innocently discharged.

The plaintiff: in error was only fourteen years of age, and the deceased was about the same age. The killing…