Joseph v. State

BROOKS, Judge.

Appellant was convicted of murder in the second degree and his punishment assessed at five years confinement in the State penitentiary.

The evidence in this case, in substance, shows that appellant, a boy about sixteen years old, and his companion, lliram Elliott, were at a restaurant Christmas night eating some- chile when the deceased, Lucien Whitehead, walked up to Hiram Elliott, caught him in the collar and used some insulting language to him. Thereupon the restaurant keeper, Potts, told the parties to get out of his house if they proposed to have a row; they went outdoors…