Lamb v. State

Ed. F. MoFaddin, Justice.

Appellant was convicted of second degree murder for the admitted homicide of John L. Gage. The motion for new trial contains five assignments.

I. Sufficiency of the Evidence. Assignments 1, 2, and 3 in the motion for new trial are embraced in this topic. Appellant and deceased, both mature men, had a dispute concerning cultivation of a six acre tract, and appellant claimed his life was threatened. He consulted his brother and others; and the next morning armed himself with a shotgun and went to his work in the field near the disputed tract. He and deceased soon met,…