Barr v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of murder, and his punishment was assessed at confinement in the state penitentiary for a term of 45 years.

This is the second appeal in this case. The decision of this court on the former appeal will be found reported in 72 S.W. (2d) 905.

The record shows that appellant and deceased were neighbors; that they had been on friendly terms until the deceased dug a ditch on his land across a road which the appellant had been accustomed to using and over which he traveled. The appellant filled this ditch up. Later he and deceased met…