Drake v. State

OPINION

BYERS, Judge.

The Appellant was convicted of second (2nd) degree murder and sentenced to serve twenty-five (25) years in the penitentiary.

On January 12, 1977, at approximately 10:30 p. m. the Appellant and a woman were in his home when they heard a disturbance at the front door. The Appellant observed the deceased, a girl friend, who had broken a glass in the door and was attempting to enter his home. The Appellant dissuaded her from this course of action and she left. At approximately 1:30 a. m. on January 13, 1977, the Appellant and the woman who was in the home heard the deceased,…