Smith v. State

Prom a judgment of conviction for murder in the second degree this appeal was taken.

Upon the trial it was admitted by the accused that Willie Austin, the deceased named in the indictment, came to his death from a bullet wound fired from a pistol in his (appellant’s) hands. 'In this connection the defendant strenuously insisted that the killing was wholly accidental and unintentional, .and claimed that he had never at any time entertained any ill will or bad feelings towards deceased, nor had they ever had any trouble or difficulty with each other.

The indictment charged murder in the first…