Hamilton v. State

MORROW, Judge.

Appellant was convicted of the murder of Ben Holmes. The homicide took place at a dance at the residence of Joe Boff. Appellant and his two sisters and his brother were at the dance, and in an altercation in which the deceased and appellant and appellant’s brother took part -deceased was stabbed with a pocketknife one time, of which he expired. The theory of appellant was that deceased was at fault in the quarrel, and that he made an assault on the brother of appellant, striking him with a lantern, and that- appellant struck in defense of his brother.

The issues of manslaughter…