Lee v. State

An indictment was returned against appellant wherein he was charged with first degree murder. He was accused of murdering Jesse F. Turner by shooting him with a pistol. A jury convicted him of second degree murder and fixed his punishment at ten years imprisonment in the penitentiary. This appeal emanates from the judgment duly entered pursuant to the verdict.

The evidence shows that on March 7, 1971 appellant, accompanied by his wife and young daughter in an automobile, accosted Gregory Brooks, turning nine years of age on September 25, 1971 (the date of trial) at or near 30th Street South in…