Smith v. State

The homicide in this .case grew out of a difficulty between two substantial citizens of Winston County, Alabama. Prior to the time of the difficulty the parties had been friends.

The evidence tends to show that the two parties fell out over the failure of the dead man’s son to be reelected as a teacher of the school in the community, of which school the defendant was one of the Trustees. The testimony, further, tends to prove that after a few words Drake, the dead man, struck the defendant over his eye with his fist and had his arm drawn back to strike him again when the defendant struck him…