Rodgers v. State

HAWKINS, Judge.

—Appellant was convicted for the murder of one Sam Vest, his punishment being assessed at five years in the penitentiary.

Appellant and deceased were neighbors. Some trouble had arisen between them by reason of a gate leading into deceased’s pasture having been left open some months prior to the killing; and also, on account of deceased’s cattle getting out of his premises and into the inclosure of appellant. Threats on the part of deceased are shown to have been made against appellant, some of which, at least, had been communicated to him. Upon one occasion, two or three months…