FREDDO V. STATE
155 S.W. 170 (1913)
NATURE OF THE CASE: This was an appeal from a conviction of second degree murder.
FACTS: Freddo (D) was 19 years of age and employed at a railroad company. Higginbotham
was six years older than D and was taller and outweighed D by 30 lbs. Higginbotham had
called D a son of a bitch. D without meaning offense asked Higginbotham to stop calling him
that. Higginbotham repeated the saying to D. D was noticeably upset by the use of those
words and even other sought out Higginbotham and told him to stop. D and Higginbotham were
working together when an oil spill found Higginbotham calling D names again. D then seized a
steel bar and hit Higginbotham with it because D thought that he was coming after him so he
hit him. D was indicted for murder in the first degree and found guilty of second degree
murder. D contends that he should have only been found guilty of voluntary manslaughter. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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