BELCHER, Commissioner.
The conviction is for murder; the punishment, forty years.
The evidence of the state reveals that about 4 p. m., while the deceased and Robert Rollins were repairing deceased's truck in a vacant space between a beer tavern and the street, the deceased in looking for a rubber hose found it in appellant's car, and he then hit appellant with the hose. At this time the appellant said: "I'll be back; I'm going after a gun." In an hour or...
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