Gilbreth v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for two years.

It was charged in the indictment, in substance, that appellant, with malice aforethought, killed Truman Snider by cutting him with a knife.

Eston Snider, brother of deceased, and Fletcher Green had had a difficulty with Clifton Gilbreth, brother of appellant. De*467ceased came upon the scene of the difficulty. While he was present appellant came down the road with an open knife in his hand. Engaging in the fight, appellant cut two or three of the parties and fatally stabbed deceased. It was in…