Thomas v. State

PBEÑDEBGAST, Presiding Judge.

Upon a trial under an indictment for murder appellant was convicted of manslaughter and assessed the lowest punishment.

We think the evidence as a whole, and especially that of appellant’s witness Estell Morrison, a little girl ten years of age, raised the issue of mutual combat and that the court did not err in submitting that issue.

We see no necessity of making a statement of the testimony. It is amply sufficient to sustain the conviction.

The only hill of exceptions appellant has in the record is to the overruling of his motion for a continuance. His application…