Ponce v. State

Appellant was convicted of murder with malice, and given a term of twenty-five years in the penitentiary.

The trial court charged the jury on the issue of provoking the difficulty upon the part of appellant, and on account of the giving of such charge appellant's attorney makes a contention of error herein.

The facts relied upon by the State show that two girls and four boys were standing on the sidewalk in the town of Devine in front of a drug store on January 8, 1944. That appellant, a Mexican youth seventeen years old, and another Mexican were together at such place. That appellant passed…