McMillan v. State

DAVIDSON, Presiding Judge.

This is the second appeal of this case, the first one being reported in 58 Texas Crim. Rep., 525.

The facts are in some particulars different from what they were on former appeal, but we deem it unnecessary to make a statement of those facts except in reference to the charge on provoking a difficulty, which will be taken up later in the opinion.

1. An application for - a continuance by appellant was refused by the court. This was sought for the testimony of E. R. Brown, who was shown to be a very important witness as to material matters and was present at the time of…