Holmes v. State

Looking to the completed record we are of the opinion that there was no reversible error in the refusal of the court to continue the case on account of the absence of the witness Ross. All that this witness knew was that the deceased armed himself with brick bats and followed appellant, — in short that deceased was the aggressor; but this was proved by other witnesses, including some of those for the State. And evidently the jury believed this to be a fact, else the verdict would in all probability have been of murder instead of manslaughter.

And when all the instructions .granted at the…