McBride v. State

CALHOUN, Judge.

Conviction is for murder; the punishment, twenty-one years in the penitentiary.

This the third appeal of this case. The first appeal is reported in 110 Texas Crim. Rep., 308, 7 S. W. (2d) 1091, and the second appeal is reported in 115 Texas Crim. Rep., 378, 27 S. W. (2d) 1100.

The facts, in brief, are as follows: Appellant lost some well-drilling tools. Appellant believed that deceased was concerned in stealing his property. State’s witnesses testified that appellant threatened the life of deceased. Shortly before the homicide, appellant accused deceased of either having or…