Ralston v. State

ON APPELLANT’S MOTION FOR REHEARING.

CHRISTIAN, Judge. —

Appellant earnestly insists that the evidence is insufficient to support a conviction for murder with malice.

Appellant and deceased, Henry Lemons, were at a dance. Witnesses for the State testified that appellant went into the dance hall and asked Ethel Mae Skaggs to go outside with him. After they left the dance hall appellant slapped her and she fell to the ground. Again the testimony of the State was to the effect that deceased approached and said to appellant: “If you strike her again you will have a man to fight.” When this remark…