McCarty v. State

DICE, Judge.

The conviction is for murder with malice; the punishment, life imprisonment.

The state’s testimony shows that on the night of the homo-cide the deceased was playing in a band at a night club on the Jacksboro highway near the city of Fort Worth. At the conclusion of the dancing around midnight, the deceased and Jack McCarty, a brother of the appellant, engaged in a fist fight on the dance floor. Witnesses called by the state testified that they saw no knife or anything in the hands of either combatant. While the fight was in progress appellant intervened and first cut the deceased…