Scott v. State

On an indictment charging murder in the first degree, the appellant was convicted of murder in the second degree.

Without dispute in the evidence, in an encounter between the accused and Clint Mathis, the latter received three pistol-shot wounds, one in the hand, one in the chest, and another entered the body near the center of the back. Death ensued within a short time.

The evidence for the State tended to show that Mathis, with some companions, had trouble with the lights to the automobile in which they were riding, and they stopped the car not a very great distance from the home of the…