Barbee v. State

BBOOKS, Judge.

This is the second appeal of this case. The former opinion will be found in 50 Texas Crim. Rep., 426, 97 S. W. Rep., 1058. Upon this conviction appellant’s punishment was assessed at five years confinement in the penitentiary for murder in the second degree.

We glean from appellant’s brief the following as the uncontradicted evidence upon the trial:

“The uncontroverted evidence upon the trial shows that about noon on the 6th day of March, 1905, on the public square in Sherman, Texas, appellant shot deceased one time with a pistol and killed him; that at the time of the shooting…