Halbert v. State

LATTIMORE, Judge.

Conviction for murder; punishment, twenty years in the penitentiary.

There is no question but that appellant struck deceased with a large knife inflicting a wound from which death resulted in a few minutes. The state’s theory was that the killing was unprovoked and upon malice; the theory of appellant was self-defense against an attack by deceased following a declaration of the latter that he would beat hell out of appellant. There is no dispute of the fact that just before the homicide there was a heated discussion in progress between Ran Russell, brother of deceased, and…