104 S.W. 606 | Ct. App. Ind. Terr. | 1907
The evidence in the case is to the effect: That plaintiff in error had been drinking to intoxication, and, while going along the road with a friend, came upon one Caddo Gordon, with whom he had acquaintance, and that he shot and killed Caddo Gordon. Before he came upon Gordon he had a pistol out and had been shooting it, while his friend
This being our opinion, it is useless to consider in detail the instructions of the court below or those requested by plaintiff in error and refused by the court.
Reversed and remanded.