Marx v. State

GRAVES, Judge.

Appellant was charged by indictment with murder with malice, and was by the jury convicted and sentenced to serve five years in the penitentiary.

The State’s testimony as to the facts occurring at the scene of the killing is shown by the witness Hoge Poole, son of the sheriff of La Salle County. It seems that Poole and appellant had had some differences based upon the cattle of Poole coming into a field owned or rented by appellant, and it seems that appellant had driven some cattle of Poole’s out of this pasture across a fence into another pasture belonging to or leased by…