Wright v. State (26 S.W.2d 236, 1930)

CHRISTIAN, J.

The offense is murder; the punishment, confinement in the penitentiary for five years.

The homicide occurred at a place where appellant and Donald Swank had parked their cars. Appellant and deceased exchanged some angry words. According to the state’s testimony, appellant had a pistol in his hand at the time. Deceased was unarmed. During the angry exchange of words, appellant shot deceased. Appellant testified that deceased hit him with his fist, and that he shot deceased because he believed deceased was going to kill him. We deem it unnecessary to set out the evidence in further detail.

As disclosed by bill of exception No. 1, appellant offered to prove by his witness, Mamie Sorrells, that about thirty minutes after the homicide appellant stated to the witness, at her home, that he was “.sorry that he had to do the killing, but that it was dark and deceased struck him and he believed that deceased was fixing to kill him at the time he shot deceased.” The state’s objection to the testimony was sustained. The court qualified the bill of exception as follows: “The defendant had proved by this witness earlier in her testimony, without objection, that immedia <