Braxton v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, ten years.

The three principal actors in this homicide were Dee Manager, the appellant, and the deceased. Dee was the uncle of the deceased. All the witnesses for the state and for the defense (the appellant did not testify) put the parties in the same positions and attribute practically the same words to them prior to the shooting. The only material conflict lies in whether or not the deceased, who was admittedly armed, had drawn his pistol at the time he was killed. The state’s witness testified that the deceased had his hand…