Walston v. State

Jordan, Presiding Justice.

Garland Murphy Walston was convicted of the murder of Jimmy Byron Kesler and sentenced to life imprisonment. His motion for new trial was denied and he appeals.

The evidence disclosed that the appellant and the victim had been drinking for several hours, visiting numerous places in Tennessee and Georgia. Upon returning to the appellant’s house, they began to argue about a previous disagreement. According to a statement made by appellant to police, the victim fired at him with a .25 caliber pistol, missed him and the bullet lodged in the ceiling. At that time appellant…