Mitchell v. State

DAVIDSON, Presiding Judge.

This is a conviction for murder in the second degree, with five years in -the penitentiary fixed as the punishment. Appellant shot and killed his brother, Ned. Prior to the difficulty, deceased had made threats against appellant’s life and had sought to seduce and debauch appellant’s wife. On Saturday, prior to the killing, deceased had again threatened the life of appellant, and subsequently was seen with a pistol and knife. The night prior to the homicide, a would-be assassin had been about the premises of appellant, and tracks about a tree indicated where the…