Polk v. State

DAVIDSON, Pkesiding Judge.

Appellant was convicted of manslaughter, and given the minimum punishment.

The strongest evidence for the State is that of the witness Nick Johnson to the following effect: that he saw appellant kill deceased Smith; that when he first came to where the parties were appellant was “squabbling” with Walter Williams. Deceased came up about that time and appellant asked him, “What have you got to do with this, you black son-of-a-bitch?” Deceased ran and picked up some rocks. Appellant said, “I will take that back; I wasn’t talking to you.” Deceased put down the rocks,…