Evers v. State

RICÉ, J.

Appellant was indicted for the offense of murder in the first degree, tried, and convicted of the offense of murder in the second degree. His punishment was fixed at imprisonment in the penitentiary for the term of fifteen years.

He killed Norris Scarbrough, a deputy sheriff of Marshall county, by shooting him with a pistol, on May Í0,1928; the occurrence taking place in Douglas, a country, crossroads, trading point, or village, in said county.

Leading up to the killing, the testimony faintly discloses trouble between a family named Wright, living in sight of the defendant’s home, the…