27 Tenn. 671 | Tenn. | 1848
delivered the opinion of the court.
The plaintiff in error was indicted in the circuit court of Hardeman county, for the murder of William Brewer, on the 27th day of February 1846, and was found guilty of murder in the first degree, with mitigating circumstances. The court gave judgment for the confinement of the prisoner, for and during his life, in the penitentiary, from which judgment he appealed to this court. It is now insisted, that the court erred, in refusing a new trial, upon the evidence in the cause; that the facts, as proved, make a case of manslaughter only, or at most, of murder in the second degree. We do not deem it necessary to recapitulate the evidence of each witness, or to.state all the facts, in relation to the case, that oc
After Clark left Beard’s grocery, Brewer also left, and went to Ferguson’s grocery in which several persons were gathered and were drinking. Some ten or fifteen minutes after Brewer went,in, Clark also went to Ferguson’s grocery. Here the quarrel was soon renewed, in what precise manner, the witnesses are not agreed, but the conduct of Brewer was still
Affirm the judgment.