Brock v. State

This is an appeal from a judgment upon a verdict finding the appellant guilty of second degree murder and fixing his punishment at imprisonment for eighteen years. Counsel for the accused present a number of contentions for reversal.

Audie Brock, the appellant, and John Morgan O’Neal, Jr., the deceased, lived about half a mile apart on the same road. On September 5, 1962, Brock and a helper were attempting to clean out a culvert in front of O’Neal’s property. When a dispute arose about the disposal of the trash Brock went home and returned with a loaded shotgun. Upon a renewal of the argument…