Tolston v. State

LATTIMORE, Judge.

Appellant was convicted in the-District Court of Polk county of murder and his punishment fixed at twenty-five years confinement in the penitentiary.

He was charged with killing an Indian named Batise by throwing a bottle at him. The main defense was an alibi, but appellant insisted "throughout that the evidence was insufficient to show an intent to kill. The evidence is conflicting, but enough appears to support the jury’s conclusion that appellant was the person who threw the bottle apparently causing the death of the deceased.

The real issue in the ease is whether or not the…