McKinney v. State

MORROW, Presiding Judge.

The appeal is from a judgment condemning the appellant to confinement in the penitentiary for a period of five years for the offense of murder.

Using a shotgun loaded with small shot, the appellant shot and killed Hobson Sullivan, a youth fifteen years of age. The shot was fired at night-time when the deceased and his companion, a boy thir teen years of age, were in a watermelon patch belonging to the appellant.

According to the State’s evidence, the deceased and his companion went to a church where religious services were about to begin and agreed to go together to the…