Kilpatrick, Jr. v. State

DAVIDSON, Judge.

Appellant was allotted ten years confinement in the penitentiary for murder.

There are two theories in direct conflict as to the killing and the immediate facts. This killing occurred at Candelaria in what is known as the “Big Bend country,” about sixty miles from Marfa, near the Rio Grande River. In this little village, amung other things, 'is a store, postoffice, saloon and pool hall. The father of appellant lived in the little town, as did appellant, but appellant spent most of his time on his father’s ranch, some miles out in the country. On the evening preceding the…