Horbach v. State

Roberts, Chief Justice.

The defendant was indicted for the murder of H. K. Thomas, found guilty of murder in the second degree, and his punishment assessed at six years in the State penitentiary.

The facts necessary to be mentioned to present the errors on the trial complained of were that Horbach and Thomas were perfectly friendly up to the time of the difficulty, *246which happened about 11 o’clock at night, in a “sample room” in the city of Dallas, where and when there were present Boyle, one of the proprietors, and Duckworth, the bar-keeper,'both of whom were behind the counter; Shock and…