Johnson v. State

Evans, Judge.

Defendant was convicted of an affray and sentenced to serve twelve months. Motion for new trial was denied, and defendant appeals. Held:

1. A state witness, who was jointly indicted with defendant, testified that the defendant was the aggressor; that a fight resulted when defendant struck this witness (Kelley) with a cue stick in a poolroom. The defendant testified he never "fighted”; that, Kelley was the aggres'sor and struck defendant with a cue stick without provocation.

2. Under the evidence the theory of self-defense (as to this defendant) was not involved, and the court did…