Truett v. State

HARPER, Judge.

Appellant was prosecuted and convicted of murder, and his 'punishment assessed at ten years confinement in the State penitentiary.

The deceased was at the lot of Mr. Johnson working with some mules, when appellant rode up, and he in his dying declarations details the difficulty as follows: ■ “When Sam Truett came he rode up on his horse and called me and I went out to him and he said, ‘Brigham, how much do you owe me?’ I said, ‘I owe you $17.50 but you figured it $18.50, so I’ll pay you $18.50.’ He said, ‘Brigham, do you mean to pay me or not?’ I told him, ‘Sam, yes I aim to pay…