Lee v. State

The indictment in this case upon which this appellant was put to trial charged him with the offense of murder in the first degree, in that "he unlawfully and with malice afore thought killed John Thomas McCord by shooting him with a pistol.” The trial resulted in the conviction of appellant of murder in the second degree, and his punishment was fixed at imprisonment in the penitentiary for ten years. ' He was sentenced accordingly, and judgment of conviction was duly entered, from which this appeal was taken.

The state insisted that the killing of McCord by this appellant was a cruel and…