Sweat v. State

HARPER, Judge.

Appellant was convicted of murder and his punishment assessed at ninety-nine years confinement in the State penitentiary.

If the State’s theory of the case is the correct one, the punishment is none too severe. The evidence for the State would have defendant, on the morning of the homicide, trading for a new shotgun; going to New Baden and inquiring for buckshot shells, but when he could not get them, purchasing a box of Ho. 2 shot—duck shot; when he returned to his home he took his gun and went near the farm of deceased. The deceased was plowing, wholly unarmed. Appellant got…