Hill

The appellant was convicted of murder in the second degree in killing Theodore R. Parvin, and has appealed from the judgment thereon. The circumstances attending the homicide are as follows: The appellant had leased to Parvin certain premises known as the “Hill Place,” and had also *572 sold him certain personal property for use in the cultivation of the land, upon which he had taken a chattel mortgage aa security for the payment therefor. Becoming dissatisfied with the manner in which Parvin was cultivating the land, he was anxious to buy him off, and for that purpose went to the place in company with bis father on the 8th of February, 1898. Very soon after his arrival he approached the deceased, who was working within a corral upon a fence at the westerly side thereof, and while upon the outer side of the corral, and talking with the deceased respecting the purchase, hot words ensued between them, followed by a mutual assault which resulted in the defendant striking Parvin across the head with a stick, from the effects of which he died the same night.

The only person who witnessed the altercation was the father of the defendant, and at the trial he testified that he was at work…