103 Ala. 4 | Ala. | 1893
Hillard Smith killed Charles Pickett by shooting him with a gun. The evidence for the defendant, his own, tends to show that he shot in the heat of passion. The evidence for the State tends to show that there was no provocation for defendant’s passion, except mere words spoken to him by the deceased in response to words of like abusive character first addressed by the defendant to the deceased. On these tendencies of the evidence the jury might have found that
Affirmed.