Pickens v. State

MORROW, Judge.

—The appellant shot and killed Wilhite, and is under conviction of murder with a sentence of confinement in the penitentiary for seven years. The issues submitted, in addition to murder, were self-defense on apparent danger and on threats of the deceased. The State’s theory is that the appellant lay in wait and shot the deceased from ambush. In support of this theory circumstances were introduced. The deceased, at the time he was killed, was in the enclosure or farm of a witness by the name of Reese. The deceased had borrowed a wagon and horse from Reese ; had on the morning of…