The Winchester on the Return Road

A 17-year-old Indian youth lived on a farm in the Creek Nation. A neighbouring family had threatened him over claims that he had killed their hogs. Riding past their field one day, he had an angry quarrel with them. He rode on to deliver a bundle, picked up a Winchester rifle at another house, and came back the same way. As he passed the field again, one of the family reached toward a gun at the fence corner, and the youth fired, killing him, then fled on horseback. The prosecution said arming himself and returning showed a premeditated killing. The defence said he armed himself because of the threats and fired only when the other man went for a gun.