Adaire v. State

CALHOUN, Judge.

Conviction is for murder; punishment, 5 years in the penitentiary.

This is the second appeal of this case. The first appeal will be found reported in 45 S. W. (2d) 984.

There is no dispute in the evidence but what appellant shot and killed Rol Butler. The appellant and deceased lived in the same neighborhood and were close neighbors. A dispute had arisen previous to the killing between the appellant and deceased over the use by deceased of a pasture and also a sweet potato patch. The evidence showed that the day before he was killed, deceased had plowed up some ground in which…