Gilbert v. State

MORROW, Judge.

The appeal is from a conviction for murder with a penalty of five years confinement in the penitentiary.

The deceased, Arthus Grenlee, was struck on the head with a stick of timber one blow which resulted in his death. The assault occurred immediately after services at the church had ended and while deceased was starting away on foot. There was evidence of a difficulty between appellant and deceased about two weeks prior to the homicide in which the deceased used insulting language toward the appellant. Subsequently according to State’s witness appellant expressed his intention…