State v. Fogleman

BROWN, J., concurs in concurring opinion. The defendant was convicted of murder in the second degree. The homicide occurred in Greensboro on the night of 9 April, 1913. The deceased and the prisoner had been drinking, and just before the homicide were arguing and tussling. The deceased was crossing the street near an electric light, the prisoner following closely behind, when, as several testified, the latter, taking a pistol from his right-hand pocket, fired it at the deceased, who walked on a few steps and fell. This the prisoner denied. The wound was on the left side of the head, near the…