Small v. State

OPINION

TEAGUE, Judge.

Both the appellant and the State agree that on November 2, 1978, outside of a business establishment, Cooter’s, located in the Windsor Shopping Center in Houston, appellant became involved in a melee. The parties did not, however, agree at trial as to which person was responsible for initiating the events which led to the subsequent al tercation between appellant and others. The State’s witnesses’ testified that the appellant was the initiating cause, whereas the appellant and his witnesses testified that one of the State’s witnesses was the responsible party. As a result…