Batchan v. State

BERRY, Judge.

The offense is murder, and the punishment is fifteen years in the penitentiary.

This is a companion case to that of Frank Wilkes v. State, No. 9863, opinion handed down February 17, 1926. A sufficient statement of the facts will be found in that case.

In the instant case as in that case the testimony shows that on the morning of the homicide deceased went to a blacksmith shop and got a stick — a part of a buggy shaft, and it also shows that such a stick was in his hand when the shooting occurred. The issue of self defense was clearly raised by the testimony and was submitted by the…