Eckert v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Gillespie County of murder, and his punishment' fixed at seven years in the penitentiary.

Appellant and deceased were brothers, and there is no dispute over the fact that for many years there had been bad feeling between them. They were close neighbors. On the morning of the 10th of March, 1921, as alleged in the indictment, appellant took his shotgun loaded with small shot and walked out into his brother’s field where the latter was plowing and without much preliminary conversation demanded that the deceased take back some…