Holmes v. Holmes

DIES, Chief Justice.

Two brothers, A. J. (“Cracky Lee”) and Emerson Holmes, had trouble over jointly owned “heired” land and timber cutting, and Cracky Lee shot Emerson several times. Emerson, as plaintiff below, sued Cracky Lee, defendant below, in the District Court of Newton County and, after a jury trial, received a judgment against Cracky Lee for $10,000, from which the latter brings this review.

The jury found that Crackey Lee intentionally shot his brother, plaintiff. Defendant, Cracky Lee, insists the court below should have defined “intentional” even though there is no contention the…