Joubert v. State

CHRISTIAN, Judge. —

The offense is murder without malice; the punishment, confinement in the penitentiary for three years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed T. A. Cheshire by striking him with a hoe.

Appellant and deceased were neighbors. Sometime prior to the difficulty deceased and appellant’s wife had a quarrel concerning a ditch deceased was digging. According to the testimony of the wife of, appellant, deceased had ordered her to remove a post, which he claimed had been placed on his lot by appellant. On the occasion of the…