Smith v. State

DAVIDSON, Judge.

Murder is the offense; the punishment, twelve years in the penitentiary.

That appellant killed deceased by shooting him with a gun and cutting and stabbing with a knife is not disputed.

The killing was the result of a dispute arising out of a game of cards.

The evidence raised self-defense from actual attack, as also threats. These issues were pertinently submitted to the jury.

Two bills of exception appear, complaining, respectively, of the overruling of a first- and second application for a continuance.

The state challenges consideration of these bills because the applications…