Waters v. State

Under an indictment therefor appellant was tried for the murder of Phil Milam, convicted of manslaughter and assessed the lowest punishment.

As stated by appellant's attorneys in their oral argument on submission and conceded by their briefs, all material facts as to the relations existing at the time of the killing and for some time prior thereto and of other facts surrounding the parties and the killing were proven and established by uncontradicted and uncontroverted testimony, except the facts of the immediate killing. As to the facts of the immediate killing, appellant's testimony,…