Northcutt v. State

*601ON MOTION TO REINSTATE APPEAL.

GRAVES, Judge.

The record having been perfected, the appeal is reinstated, the opinion dismissing the appeal is withdrawn, and the case will now be considered upon its merits.

Appellant was convicted of the murder without malice of J. D. Freeman, and awarded a penalty of five years in the state penitentiary.

The testimony shows a drunken orgy by appellant, the deceased and two women, in which they consumed much whisky and all seemed more or less under such influence. Eventually the appellant, who seemed to be an amateur musician, insisted upon playing his violin in…