McCoy v. State

GRAVES, Judge.

This is the second appeal of this case, the opinion on the first appeal being found in 135 Texas Crim. Rep., 73, 117 S. W. (2d) 787, with a four year penalty assessed. The offense charged herein is murder, and the punishment assessed at this trial is ten years confinement in the penitentiary.

The facts show some kind of disagreement between appellant and the deceased, Johnny Burks, relative to their partnership in the hay baling business, and the record contains some threats having been made by both parties relative to their differences, as well as some abusive language, prior to…