Sylvas v. State

DAVIDSON, Presiding Judge.

— Appellant was convicted of mur der in the second degree, his punishment being assessed at five years confinement in the penitentiary.

The motion for new trial complains of the refusal of the court to charge on circumstantial evidence.- We are of opinion the court was correct in not charging on this issue, or at least there was no error in failing so to charge. One of the witnesses testified that he saw the defendant and another party holding the deceased while Baldemero Franco was stabbing him with a knife.

There was a bill of exceptions reserved to the statement of…