Barnes v. State

PRICE, Presiding Judge.

Harold Barnes was indicted for murder in the first degree, convicted of murder in the second degree and sentenced to serve a term of twenty years in the penitentiary. He appeals.

The State’s testimony tended to show that Harold Barnes, his uncle, Benford Lowery, and Kyle Clark were drinking together during the evening of October 22, 1967. They went to defendant’s house where they kept drinking. Defendant and Kyle Clark sat on the floor and engaged in Indian wrestling, with Lowery acting as referee. Defendant won the match. After they stopped Indian wrestling Clark began…